Personal Jurisdiction

Question 1

personal jurisdiction

Answer 1

refers to the ability of the court to exercise power over a particular defendant or item of property

Question 2

contact requirement for personal jurisdiction under the Constitution

Answer 2

• The defendant must have at least minimum contacts with the forum such that the exercise of jurisdiction would be fair and reasonable
• Contacts cannot be accidental; defendant must have purposefully availed herself “of the privilege of conducting activities in the forum state, thus invoking the benefits and protections of its laws.”
• D also must know or reasonably anticipate that her activities in the forum render it foreseeable that she may be “haled into court” there

Question 3

Constitutional analysis for personal jurisdiction

Answer 3

Does D have such minimum contacts with the forum so that exercise of jurisdiction doesn’t offend traditional notions of fair play and substantial justice?
My Parents Frequently Forgot to Read Children’s Stores:
Minimum contacts: Purposeful availment + Foreseeability
Fairness: Relatedness + Convenience + State’s Interest
Relatedness: Specific=D’s specific contact with forum. General=D must be “at home” in forum state

Question 4

stream of commerce test

Answer 4

There will be personal jurisdiction over a defendant if the defendant, in addition to placing the product in the stream of commerce, does some other act to show its intent to serve a particular state.

Question 5

relatedness requirement for personal jurisdiction under the Constitution

Answer 5

If the claim is related to the defendant’s contacts with the forum, a court is likely to find that jurisdiction as to that claim is fair and reasonable

Question 6

fairness requirement for personal jurisdiction under the Constitution

Answer 6

the exercise of jurisdiction must not offend the “traditional notions of fair play and substantial justice”

Question 7

Due Process requirement for personal jurisdictrion

Answer 7

notice: a reasonable method must be used to notify the defendant of a pending lawsuit so that she may be have an opportunity to be heard

Question 8

statutory limits on personal jurisdiction

Answer 8

States generally require that the defendant:

1. Be present in the forum state at the time of service;
2. Is domiciled in the forum state;
3. Has given express or implied consent to jurisdiction; or
4. Meets the requirements of the forum state’s long arm or other statute