Personal Jurisdiction

Question 0

Personal Jurisdiction - State Law

Answer 0

1. if state court can assert Personal jurisdiction over a party, federal court can too
   Subject to constitutional considerations
2. If State court cannot assert jurisdiction, federal court cannot

Question 1

What bodies of law will the court consider when it decides personal jurisdiction

Answer 1

State law on personal jurisdiction where the court sits

Constitutional Law

Question 2

Personal Jurisdiction 14th Amendment Considerations

Answer 2

Residency
consent
service
minimum contacts
substantial business

Question 3

Constitutional Considerations - Residency

Answer 3

party is resident of state where lawsuit is filed,
PJ is constitutional

Corporations - residents of state of incorporation
and where headquartered.

Question 4

Personal Jurisdiction - Consent

Answer 4

consents to Personal jurisdiction is constitutional 
May be by
1.  Appearance
2.  Contract
3.  Appointment

Question 5

Appearance - personal jurisdiction

Answer 5

Appearance in court without objection = consent to jurisdiction

Question 6

Contract - personal jurisdiction

Answer 6

Choice of forum clause in contracts are enforced

Consents to courts jurisdiction

Question 7

Appointment - Consent

Answer 7

states can require business to appoint agents in state to receive service
exchange for right to do business in state,

Question 8

Constitutional Considerations - Service

Answer 8

defendant served in state where lawsuit is filed

exercise of PJ is constitutional

if coaxed or lured into state - not constitutional

Question 9

Minimum Contacts - Constitutional considerations

Answer 9

1. must have minimum contacts with forum state
2. Claim arises from contacts
3. does not offend traditional notions of fair play and substantial justice

Question 10

What are minimum contacts

Answer 10

causes harm in state
does business in state
real property in state

Contacts must be purposefully established
purposefully availed himself of the laws of the state

Question 11

What does it mean to ‘arise from’ contacts

Answer 11

contacts played a role in causing lawsuit

Question 12

Fair Play and Substantial Justice

Answer 12

no fair play where suit concerns contract between foreign corporations
controlled by foreign law

Asahi - no personal jurisdiction even with minimum contacts and arising from were established.

Question 13

Personal Jurisdiction - Substantial business/general jurisdiction

Answer 13

Business so significant that company, though not headquartered or incorporated in the state, is essentially at home in the state

Very high bar