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