Personal Jurisdiction

Question 1

Personal jurisdiction is jurisdiction over

Answer 1

The parties (defendant)

Question 2

How do you analyze personal jurisdiction?

Answer 2

1) Does it satisfy a state statute?

2) Does it satisfy the Constitution?

Question 3

In rem jurisdiction

Answer 3

Personal obligation on defendant

Question 4

Constitutional analysis of personal jurisdiction

Answer 4

Does defendant have such minimum contacts with the forum so jurisdiction does not offend traditional notons of fair play and substantial justice

Question 5

When is personal jurisdiction clearly constitutional?

Answer 5

If defendant:

1) is domiciled in the forum
2) consents
3) is voluntarily present in the forum when served with process

Question 6

What factors must we look at if the personal jurisdiction is NOT clearly constitutional?

Answer 6

1) Contact
2) Relatedness
3) Fairness

Question 7

What contact is necessary for personal jurisdiction?

Answer 7

It must be relevant, meaning:

1) It must result from PURPOSEFUL AVAILMENT
2) It must be foreseable that defendant could get sued in the forum

Question 8

What is purposeful availment?

Answer 8

Defendant’s voluntary act reaching into the forum (targeting)

Question 9

What does relatedness mean for personal jurisdiction?

Answer 9

The claim must arise from defendant’s contact with the forum if there can only be specific personal jurisdiction

Question 10

What is specific personal jurisdiction?

Answer 10

The claim arises from the contact with the forum

Question 11

What is general personal jurisdiction?

Answer 11

The claim does not have to arise from the contact with the forum. Defendant is at home in the forum.

Question 12

Where is a defendant at home?

Answer 12

If human: where domiciled

If a corporation: where incorporated and where it has its principle place of business

Question 13

What does fairness mean for personal jurisdiction?

Answer 13

Would jurisdiction be fair or reasonable?

Only assessed in specific personal jurisdiction cases.

Look at:

1) Burden on the defendant and witnesses (must put them at a SEVERE DISADVANTAGE; very high burden)
2) State’s interest: forum state might want to provide a courtroom for its citizens being harmed by out-of-staters (always mention this if plaintiff is a citizen of the forum)
3) Plaintiff’s interest: might want to litigate at home if injured

Question 14

In rem/quasi in rem jurisdiction

Answer 14

Jurisdiction over defendant’s property, which is attached by the court. Still must meet constitutional test