Personal Jurisdiction Flashcards
Personal jurisdiction
The power of the court over a particular party.
Focuses on the state in which the suit has been filed. To determine whether a federal court has PJ over a party, you need to analyze two bodies of law:
● PJ law of the state in which the federal court sits; and
● PJ law within the US Constitution.
Personal jurisdiction (Step 1)
Look at State Law: could a state court in that state assert PJ over that party?
● Yes – federal courts can assert PJ (subject to constitutional considerations).
● No – state court cannot, federal court cannot assert PJ either.
Personal jurisdiction (Step 2)
Look at 14th Amend: State law must be constitutional under the Due Process Clause (DP) of the 14th Amendment. A state law is constitutional if it authorizes PJ in one of five circumstances:
*Memory Device: PJ Rarely Causes Severe Mental Anguish
Residency
If a party is a resident (domiciled) in the state where the suit was filed, PJ is constitutional.
o Human beings reside in the states where they live.
o A corporation is a resident of the state(s) where it is incorporated and where it has its principal place of business (= headquartered).
o Other entities are residents of the state where they maintain headquarters or their principal place of business.
Consent or Waiver
A party can consent to PJ over it (3 ways)
o Contract: If the defendant signed a contract with a choice-of-forum clause = consent.
o Appointment: Some states require businesses to appoint agents located in the state to receive process = consent. Courts are split on whether this is a sufficient basis for PJ.
o Rule 12 Motion: A party appears in court without objecting to PJ (must object to PJ in initial filing).
Service
Human defendant is served with process while in the state where the suit was filed (tag).
o Not constitutional if the plaintiff coaxed the defendant into the state under false pretenses OR the defendant was in the state to participate in a different legal proceeding.
Minimum Contacts: Three-part test (need all 3):
o The defendant has established a minimum contact with the forum state;
▪ Established if the defendant causes harm in the state, does business, or has an interest in real property in the state (must be purposefully established).
o Claim against the defendant arises from that contact; and
▪ A lawsuit “arises from” the defendant’s contacts if the contacts played a role in causing the lawsuit.
o PJ won’t offend traditional notions of fair play + substantial justice.
▪ Fair Play factors:
● Burden on the defendant
● Forum state interests
● Plaintiff’s interest in obtaining relief
● Interstate judicial system’s interest in efficient resolution of controversies
● Shared interest of states in furthering fundamental social policies
“At Home” General Jurisdiction
Very high bar to clear
o Parties are subject to “at home” general jurisdiction where contacts are so substantial that they are “essentially at home.”
