Personal Jurisdiction Flashcards
PJ involves what one question?
Can P sue D in this state.
Two-step PJ analysis?
Satisfy state statute AND
Satisfy the Constitution (Due Process)
In most states, state statutes say PJ is OK if the case meets . . .
The US Constitutional Test
What is the general constitutional test for PJ?
Does D have “such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?”
PJ is clearly constitutional if D is . . . (3)
Domiciled on the forum
Consents
Is voluntarily present in the forum when served with process
If D (1) is not domiciled in the fourm, (2) does not consent to PJ, or (3) is not present in the forum when served with process, what three factors must we assess to determine whether D has “such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?”
Contact
Relatedness
Fairnee
For there to be PJ, there must be a ______ contact between D and the forum.
Relevant
What two factors do use to determine whether there is a relevant contact between D and the forum?
Purposeful availment (i.e., reaching out to the forum)
Foreseeability (i.e., must be foreseeable that D could get sued in the forum)
If there is a relevant contact between D and the forum, it is also necessary that there be a degree of ______ between the contact and P’s claim.
Relatedness.
To evaluate relatedness of D’’s contact and P’s claim, we ask . . .
Does P’s claim arise from D’s contact with the forum?
When P’s claim arises from D’s contact with the forum, we have what type of PJ?
Specific.
If P’s claim does not arise from D’s contact with the forum, jurisdiction is OK ONLY if the court has . . .
General PJ
To have general PJ, what must be true? D must be . . .
“At home” in the forum
Where is a human always at home?
Where domiciled?
Where is a corporation always at home? (2)
Where incorporated
Where it has its PPB
For what reason do we care where someone/thing is at home?
General PJ analysis
A D who is “at home” in the forum can be sued there for a claim that arose anywhere in the world. That is ________ PJ.
A D who is not “at home” in the forum can only be sued there for a claim arising from those activities. That is _____ PJ
General
Specific
Walmart is incorporated in DE and has its PPB in AK. It does business in every state. In TX, it has more than 200 stores and employs thousands. Is it subject to general PJ in TX? Explain.
No. Not incorporated. No PPB.
Once we evaluate contact and relatedness in our PJ analysis, we finally look to ____.
Fairness.
Fairness is only assessed in what kind of case?
Specific PJ.
What does the fairness analysis ask in the PJ context?
Whether jurisdiction would be fair (or reasonable) under the circumstances.
In specific PJ cases, how do we determine whether jurisdiction is fair? 3 factors.
Burden on D and witnesses
State’s interest
Plaintiff’s interest.
To determine fairness, we consider the burden on D and witnesses.
Does due process guarantee that the suit will be the most convenient forum for D?
No
To determine fairness, we consider the burden on D and witnesses.
For a forum to be constitutionally improper, what must be true?
It must put D at a SEVERE DISADVANTAGE in the litigiation
To determine fairness, we consider the burden on D and witnesses.
What will not be considered when making this determination?
The relative wealth of the parties.
Doofus makes valves in PA and sells them to a company in MN. THe MN Co. then puts the valves into its widgets and sells the widgets nationwide. A Doofus valve in one of these widgets explodes in NV. So the Doofus valve got into NV, but Doofus did not send it there.
Is there relatedness? Explain.
Yes!
The claims arises directly from the contact between Doofus and NV. So if Doofus had very little contact with NV, jurisdiction might be OK, depending on whether it would be fair.
Doofus makes valves in PA and sells them to a company in MN. THe MN Co. then puts the valves into its widgets and sells the widgets nationwide. A Doofus valve in one of these widgets explodes in NV. So the Doofus valve got into NV, but Doofus did not send it there.
Assuming there is contact, Specific or general PJ? Explain
Specific. There is relatedness! P’s claim arises directly from Doofus’ contact with the forum state.
For in rem and quasi in rem jurisdiction, power is not over D herself, but over . . .
D’s property.
For in rem and quasi in rem jurisdiction, the property must be attached by the court when?
Outset of the case.
For in rem and quasi in rem jurisdiction to be constitutional, what must be true?
D’s contacts with the forum must meet the constitutional test (same one as in personam).
