Personal Jurisdiction

Question 1

What is Personal Jurisdiction?

Answer 1

Personal jurisdiction is the power of a court over a particular defendant or item of property.

Question 2

What are the four Traditional Bases to exercise Personal Jurisdiction?

Answer 2

Traditionally, courts can exercise personal jurisdiction: (1) over a defendant present in the forum state at the time of service, (2) over a defendant domiciled in the forum state, (3) where a defendant consents, or (4) in an action in rem.

Question 3

What is a Long-Arm Statute?

Answer 3

A long arm statute is a state statute that specifies the circumstances under which a state court may exercise personal jurisdiction over a particular defendant. California’s long arm statute allows personal jurisdiction to the extent permitted under the Constitution—thus, personal jurisdiction is proper so long as it is constitutional.

Question 4

What does the Due Process Clause require to establish Personal Jurisdiction? (International Shoe)

Answer 4

Exercise of personal jurisdiction must be consistent with due process. Thus, a defendant must have certain minimum contacts with the forum state such that exercising jurisdiction is consistent with traditional notions of fair play and substantial justice.

Question 5

When may a court exercise General Jurisdiction?

Answer 5

A court may exercise general jurisdiction over a defendant where the defendant’s contacts with the forum state are systematic and continuous such that he is “essentially at home” in the forum state. If general jurisdiction is proper, a claim against the defendant need not arise from his contacts with the forum state.

Question 6

When may a court exercise Specific Jurisdiction?

Answer 6

A court may exercise specific jurisdiction over a defendant where: (1) the defendant purposefully availed himself of the privileges and benefits of the forum state (e.g., by making money or placing something in the stream of commerce there); (2) the defendant knew or should have reasonably anticipated that his activities in the forum state made it foreseeable that he could be haled into court there; and (3) the instant claim arose (i.e., relates to) out of these minimum contacts.

Question 7

In assessing Fairness, what factors does the court look to? (Burger King)

Answer 7

Under Burger King, the exercise of jurisdiction must also be fair. In assessing fairness, the court looks to several factors, including: (1) convenience of trial in the forum; (2) the forum state’s interest in providing redress; (3) the plaintiff’s interest in convenient relief; (4) the interstate judicial system’s interest in obtaining the most efficient resolution; and (5) the shared interest of the states in furthering fundamental substantive social policies.

Question 8

Recite the Structure for Personal Jurisdiction.

Answer 8

Personal Jurisdiction 1. Traditional Bases: Present in State, Domiciled in State, Consent, In Rem 2. Long-Arm Statute: California’s is Constitutional Limit 3. Minimum Contacts: Fair Play and Substantial Justice (International Shoe) a. General Jurisdiction: Continuous and Systematic (Essentially at Home) b. Specific Jurisdiction 1. Purposeful Availment 2. Foreseeability 3. Relatedness c. Fairness (Burger King) 1. Convenience of Trial 2. Forum State’s Interest in Providing Redress 3. Plaintiff’s Interest in Convenient Relief 4. Judicial System’s Interest in Most Efficient Resolution 5. Every States’ Interest in Fundamental Substantive Social Policies