Personal Jurisdiction

Question 1

Personal jurisdiction

Answer 1

1. Court’s power to bind the person of D
2. Traditional bases (domicile, personal service, consent) vs.
3. Modern bases (Long-arm and Int’l Shoe due process)
4. Long-arm statute
5. International Shoe (minimum contacts and traditional notions)
6. Minimum contacts (purposeful availment and forseeability)
7. Purposeful availment
8. Foreseeability of lawsuit
9. Traditional notions

TM-LIM-PFT

Question 2

Traditional bases

Answer 2

1. Domicile
2. Personal service in-state;
3. Consent, express through forum selection or appearance, or implied through failure to raise 12b or driving in state.

Question 3

Modern bases

Answer 3

1. PJ over D who is not a resident of the forum state;
2. Long-arm statute that meets International Shoe due process;
3. D must be served with summons and complaint with 120 days of filing.

Question 4

Long-arm statute

Answer 4

1. Allows forum state to assert PJ over nonresident;
2. Specific or non-specific.

Question 5

International Shoe due process

Answer 5

1. Forum must show that D has such minimum contacts with forum that;
2. PJ will not offend traditional notions of fair play and substantial justice.

Question 6

Minimum contacts

Answer 6

1. D’s purposeful availment of forum; and
2. D’s foreseeability of lawsuit.

PAF

Question 7

Purposeful availment (fairness factors)

Answer 7

1. Nature and quality of D’s actions;
2. Voluntary acts directed at forum;
3. D intentional placement of goods in stream of commerce; and
4. Where injury took place.

NAGI

Question 8

Forseeability of lawsuit

Answer 8

1. Reasonably foresee being haled into court.

Question 9

Traditional notions of fair play and substantial justice

Answer 9

1. Court must balance minimum contacts with traditional notions of fair play and substantial justice;
2. Relatedness between claim and D’s contacts;
3. P’s interest in obtaining relief;
4. D’s burden vs. benefit; and
5. State’s interest.

RIBS

Question 10

PJ Alternative Approach

Answer 10

1. Traditional bases - presence, domicile, consent;
2. Minimum contacts - purposeful availment and foreseeability;
3. Relatedness (systematic and continuous or specific jdx) - specific or general PJ; and
4. Fairness (only for specific jurisdiction)