PERSONAL JURISDICTION

Question 1

TWO STEP ANALYSIS

Answer 1

satisfy state statute (mention on exam, no need to go into statute details) AND
satisfy due process (CONSTITUTIONAL ANALYSIS)

Question 2

CONSTITUTIONAL ANALYSIS

Answer 2

minimum contacts with forum jurisdiction analyzed under contact- relatedness- fairness

Question 3

CONTACT

Answer 3

relevant contact between D and the forum state

1. contact must result from purposeful availment (D’s voluntary act; D must reach out to the forum)
2. it must be foreseeable that defendant could be sued in this forum
   * * merely placing an item in the stream of commerce, by itself, is not sufficient basis for PJ
   * *unresolved that placing an item in the stream of commerce with the hope it ends up somewhere is sufficient (look for intentional targeting in the fact pattern)
   * * placing an item in the stream of commerce with the knowledge or hope that it will end up in the forum state with a different act that shows intent is sufficient.

Question 4

RELATEDNESS

Answer 4

Relation between the contact and P’s claim or does the contact include the very thing that harmed the plaintiff
- if YES, court might uphold personal jurisdiction even if there is not much contact

Question 5

RELATEDNESS- SPECIFIC JURISDICTION

Answer 5

Where the claim arises from D’s contact with the forum .

- that in state activity

Question 6

RELATEDNESS- GENERAL JURISDICTION

Answer 6

D can be sued in a forum for a claim that arose anywhere if the court has general jurisdiction. To have General Jurisdiction- D Must be

1. at home in the forum: (domiciled)
   - For corporations this is where the corporation was incorporated and where it has its PPB
   * *If a plaintiff is injured in state A by a D, he may still sue in state A regardless of whether the defendant is at home because there will likely be a long arm statute providing jurisdiction.

Question 7

FAIRNESS (only assessed in Specific jurisdiction cases)

Answer 7

1. Burden on the D and witnesses
   - ok unless D can show that it puts her at a severe disadvantage in litigation
2. States interest:
   - forum state may want to provide a courtroom for its citizens- ALWAYS true if P is a citizen of the forum
3. Plaintiff’s interest:
   - maybe injured and wants to sue at home

Question 8

TYPES

Answer 8

1. In personam: when the forum has power over the person of a particular defendant
2. In rem: when the court has power to adjudicate the rights of all persons in the world with respect to a particular item of property.
   - No jurisdiction if property not located in state
   - no jurisdiction if property bought by fraud or force
   - notice by mail to those whose identity and addresses are known.
3. Quasi in rem:
   - exists when the court has power to determine whether particular individuals own specific property within the court’s control. Does not permit the court to determine the rights of all person in the world with respect to the property.
   - permits the court to adjudicate disputes other than ownership based on the presence of the defendant’s property in the forum. Must be contact between the defendant and the forum.