Personal Jurisdiction Flashcards
What is PJ?
Courts Power over the parties
What’s the difference between federal court analysis of PJ and state court analysis of PJ?
same analysis
How do we know the court has power over the Plaintiff?
The court automatically has power over the plaintiff because she invoked jurisdiction.
What is inpersonam Jurisdiction?
Power over the Defendant (not her property)
The court will have jurisdiction over Defendant and he can be sued for something he did in Va or something he did anywhere if:
(two statutory basis of in personal jurisdiction)
D a non resident was Served with process in va
or
D domiciled in state
What is the overall question you are trying to answer/figure out in an analysis for PJ?
Overall Question:
Does D have sufficient contact with the forum so that exercise of PJ is fair and reasonable?
What does the PJ analysis consist of? (short)
STEP 1→ Must satisfy VA long arm statute
STEP 2 → Must satisfy Constitution (Due Process)
Virginia’s long-arm statute permits exercising personal jurisdiction over out-of-state defendants in several instances: List them.
- Causing tortious injury instate by act or omission in state
- Causing tortious injury instate by act or omission out of state
- Contracts to supply services or things in VA.
- Has interest in, uses, or possesses realty in VA.
- Transacts any business in VA.
- Causing injury in VA by breach of warranty where sale was out of state
- Domestic relations
overall question you are trying to determine with the constitutional Due process analysis? (Constitution Test)
Overall Question:
“Does the D have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?”
Factors to use to determine minimum contacts ?
Contact
Relatedness, and
Fairness.
How to determine contact
Purposeful Availment +Foreseeability
What is Purposeful Availment ?
When the defendant purposefully availed herself of the privilege of conducting activities in the forum state, thus invoking the benefits and protections of its laws.
Can Purposeful Availment happen without D ever setting foot in the Forum?
Yes.
Examples of Purposeful Availment?
(1) Marketing a product in the forum;
(2) using the roads in the forum;
(3) establishing domicile in the forum;
(4) travelling in the forum;
(5) sending a tortious e-mail into the forum.
How to determine Foreseeability?
ask Is it Foreseeable that D could be sued in the Forum?
