Personal Jurisdiction Flashcards

1
Q

In personum jurisdiction

A

Within the boundaries of the state
Scalia- no need to look @ min. Contacts bc met through presence
Brennan- apply is test to individuals served within state

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2
Q

Pure in rem

A

Action commence against property to determine ownership

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3
Q

Quasi in rem

A

Attach property to lawsuit, only damages is price of property

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4
Q

Schaffer and in rem

A

Minimum contacts needed for in rem unrelated to COA
Stevens and Brennan - real property may be enough
- volitional act enough - reasonable to make owner amenable to suit when they have voluntarily place property in state (Feder v. Turkish air)

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5
Q

Expanded basis for PJ from shoe

A
  1. Citizen/domiciled in state but absent
    • possessions in state and plan 2 stay (Blackmer)
  2. Status of a citizen towards non-resident marriage
  3. Appointment of agent in state
  4. Entity created in state
  5. Consent/waiver to suit
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6
Q

IS prongs

A
  1. Does D have min. Contacts with state

2. Is it reasonable to assert jurisdiction

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7
Q

Purposeful availment

A

D reached out in a way that affords them the benefits an protections of states laws
1. Using the law for any suits in a contract
2. Shipping widget directly to customer in forum
3. NOT simply letting daughter go to another state(kulko)
4. Not selling product in a state and having it travel to another
4.

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8
Q

Brennan stream of commerce

A

Min contacts met if you put in stream and can reasonably anticipate that it will end up there

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9
Q

O’Connor/Kennedy stream of commerce

A

Reasonably anticipate AND something more

- customer service,advertising, marketing, salespeople, designing for that market

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10
Q

Ginsberg Stream of commerce

A

Targeting US means contacts in any state you can reasonably expect to be amenable to suit then look at fairness and reasonableness factors

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11
Q

Breyer stream of commerce

A

Indirect with something more enough

I.e. selling through amazon enough

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12
Q

Foreseeability

A

IS requires D must know or reasonably anticipate their activities in forum make them amenable to suit

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13
Q

Portable tort

A

No, wwvw

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14
Q

Fairness and reasonableness factors

A
  1. Burden for D
  2. Ps interest in obtaining reliefs in forum chosen
  3. Forum states interest
  4. Efficiency
  5. Shared substantive policy
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15
Q

General jurisdiction

A

Need substantial contact/ continuous and systematic …need to be at home

  1. Place of incorporation
  2. Principal place of business
  3. Major facility like a manufacturing plant
  4. Not just mere purchases, minor sales, training employees
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