Personal Jurisdiction

Question 1

Define tradition “per se” personal jurisdiction

Answer 1

A state generally has jurisdiction over any claim against defendant without regard to defendant’s contacts with the forum state where: (1) defendant is a citizen of the forum state; or (2) defendant consents or waives personal jurisdiction; or (3) defendant is tagged via proper service on defendant where defendant is physically in the forum state.

Question 2

Define specific personal jurisdiction

Answer 2

The forum state only has jurisdiction to hear specific claims against non-resident defendant, which are related to or arise out of that defendant’s contacts with the forum state.

Question 3

Define the Overarching 2-Step Due Process Analysis

Answer 3

For a court to exercise specific personal jurisdiction over a defendant, due process requires that the defendant: (1) be given adequate notice of the lawsuit; and (2) be subject to the personal jurisdiction of the court.

Question 4

What 2 basis’ are required for defendant to be subject to the personal jurisdiction of the court?

Answer 4

(1) Legislative Statutory Basis via Long Arm; and (2) Constitutional Due Process Basis

Question 5

Describe the constitutional due process basis

Answer 5

The defendant must have sufficient minimum contacts with the forum state such that the assertion of personal jurisdiction does not offend traditional notions of fair play and substantial justice as to make it reasonable.

Question 6

What is relevant in determining the minimum contacts that defendant has with the forum state

Answer 6

(1) The nature of defendant’s contacts with the forum state (continuous vs isolated); (2) whether defendant purposefully availed of the benefits and protections of the forum state such that he could reasonably anticipate being subject to suit in the forum state (did defendant deliberately reach out to forum state?); and (3) relatedness of plaintiff’s claim to defendant’s contacts with forum state (plaintiff’s claim must arise out of or relate to defendant’s purposeful contacts).

Question 7

Describe the five factors considered in the fairness balancing test

Answer 7

(1) Burden on defendant to litigate in inconvenient forum; and (2) forum state’s interest in adjudicating the dispute in its own courts; and (3) plaintiff’s interest in obtaining convenient and effective relief in the forum state; and (4) interstate judicial interest in obtaining most efficient resolution of entire litigation; and (5) several state’s shared interest in furthering fundamental substantive social policies.