Personal Jurisdiction

Question 1

PJ involves what one question?

Answer 1

Can P sue D in this state.

Question 2

Two-step PJ analysis?

Answer 2

Satisfy state statute AND

Satisfy the Constitution (Due Process)

Question 3

In most states, state statutes say PJ is OK if the case meets . . .

Answer 3

The US Constitutional Test

Question 4

What is the general constitutional test for PJ?

Answer 4

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

Question 5

PJ is clearly constitutional if D is . . . (3)

Answer 5

Domiciled on the forum
Consents
Is voluntarily present in the forum when served with process

Question 6

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?”

Answer 6

Contact

Relatedness

Fairnee

Question 7

For there to be PJ, there must be a ______ contact between D and the forum.

Answer 7

Relevant

Question 8

What two factors do use to determine whether there is a relevant contact between D and the forum?

Answer 8

Purposeful availment (i.e., reaching out to the forum)

Foreseeability (i.e., must be foreseeable that D could get sued in the forum)

Question 9

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.

Answer 9

Relatedness.

Question 10

To evaluate relatedness of D’’s contact and P’s claim, we ask . . .

Answer 10

Does P’s claim arise from D’s contact with the forum?

Question 11

When P’s claim arises from D’s contact with the forum, we have what type of PJ?

Answer 11

Specific.

Question 12

If P’s claim does not arise from D’s contact with the forum, jurisdiction is OK ONLY if the court has . . .

Answer 12

General PJ

Question 13

To have general PJ, what must be true? D must be . . .

Answer 13

“At home” in the forum

Question 14

Where is a human always at home?

Answer 14

Where domiciled?

Question 15

Where is a corporation always at home? (2)

Answer 15

Where incorporated

Where it has its PPB

Question 16

For what reason do we care where someone/thing is at home?

Answer 16

General PJ analysis

Question 17

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

Answer 17

General

Specific

Question 18

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.

Answer 18

No. Not incorporated. No PPB.

Question 19

Once we evaluate contact and relatedness in our PJ analysis, we finally look to ____.

Answer 19

Fairness.

Question 20

Fairness is only assessed in what kind of case?

Answer 20

Specific PJ.

Question 21

What does the fairness analysis ask in the PJ context?

Answer 21

Whether jurisdiction would be fair (or reasonable) under the circumstances.

Question 22

In specific PJ cases, how do we determine whether jurisdiction is fair? 3 factors.

Answer 22

Burden on D and witnesses

State’s interest

Plaintiff’s interest.

Question 23

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?

Answer 23

No

Question 24

To determine fairness, we consider the burden on D and witnesses.

For a forum to be constitutionally improper, what must be true?

Answer 24

It must put D at a SEVERE DISADVANTAGE in the litigiation

Question 25

To determine fairness, we consider the burden on D and witnesses. What will not be considered when making this determination?

Answer 25

The relative wealth of the parties.

Question 26

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.

Answer 26

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.

Question 27

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

Answer 27

Specific. There is relatedness! P's claim arises directly from Doofus' contact with the forum state.

Question 28

For in rem and quasi in rem jurisdiction, power is not over D herself, but over . . .

Answer 28

D's property.

Question 29

For in rem and quasi in rem jurisdiction, the property must be attached by the court when?

Answer 29

Outset of the case.

Question 30

For in rem and quasi in rem jurisdiction to be constitutional, what must be true?

Answer 30

D's contacts with the forum must meet the constitutional test (same one as in personam).