Personal Jurisdiction

Question 1

PJ is about the court’s power over…

Answer 1

the parties

Question 2

Court’s power over the plaintiff

Answer 2

Because P filed the case, the court automatically has power over P.

Question 3

PJ involves one question:

Answer 3

can P sue D in this state?

Question 4

Whether there is PJ is a two-step analysis:

Answer 4

1. Satisfy a state statute AND
2. Satisfy the Constitution (Due Process).

Question 5

In Personam Jurisdiction

Answer 5

P sues to impose a personal obligation on D.

Question 6

Statutory Analysis of in Personam Jurisdiction

Answer 6

Each state is free to have its own statutes for in personam
jurisdiction. Because they vary, the content of such a statute is not testable on the MBE. Anyway, in most states, the statute says jurisdiction is OK if the case meets the
constitutional test.

Question 7

Constitutional analysis for in Personam Jurisdiction

Answer 7

Does D have “such minimum contacts with the forum so
jurisdiction does not offend traditional notions of fair play and substantial justice”?

Question 8

PJ is clearly
constitutional if D is:

Answer 8

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

Question 9

If the Defendant is (1) NOT domiciled in the forum or (2) DOESNT consent or (3) ISNT voluntarily present in the forum when served with process - then we assess personal jurisdiction by assessing:

Answer 9

CONTACT – RELATEDNESS – FAIRNESS

Question 10

Contact

Answer 10

There must be a relevant contact between D and the forum state.

Question 11

Two Factors for Contact

Answer 11

1. The contact must result from purposeful availment:
2. Foreseeability.

Question 12

Purposeful Availment

Answer 12

• Ds voluntary act
• Defendant must reach out to the forum (cannot be an accident)

Question 13

Foreseeability

Answer 13

It must be foreseeable that defendant could get sued in this forum

Question 14

Relatedness between this contact and P’s claim. Ask this:

Answer 14

Does the Ps claim arise from the Ds contact with the forum?

Question 15

Specific Personal Jurisdiction

Answer 15

Where the claim arises from D’s contact with the forum

Question 16

General Personal Jurisdiction

Answer 16

D must be at home in the forum

Question 17

Fairness gets asserted when?

Answer 17

In specific PJ cases only

Question 18

How to determine fairness

Answer 18

1. Burden on D and witnesses
   
   • the forum is constitutionally OK unless D can show that it puts him at a severe disadvantage in the litigation.
     
     • This is a very difficult burden
       to meet
     • The relative wealth of the parties is not determinative
2. State’s interest
   
   • The forum state may want to provide a courtroom for its citizens, who are allegedly being harmed by out-of-staters.
3. Plaintiff’s interest
   
   • Maybe injured and wants to sue at home.

Question 19

In Rem and Quasi in Rem Jurisdiction

Answer 19

Here, power is not over D herself, but over D’s property in the forum.

It must be attached by the court at the outset of the case.

To be constitutional, though, D’s contacts
with the forum must meet the constitutional test we just applied in in personam.