Personal Jurisdiction

Question 1

is Hanson plaintiff or defendant friendly

Answer 1

defendant

Question 2

what does McGee bring to the table?

Answer 2

balances the strong regulatory interests of state v. inconvenience of defendant and sole contact (only need one contact)

Question 3

how is Hanson defendant friendly?

Answer 3

unilateral activity (of third party) is NOT purposeful availment of defendant and didn’t purposely avail. required min contacts so the defendant was benefiting from the laws of the state.

Question 4

what did Hess v. Pawloski bring to the table?

Answer 4

defendant subject to pj because of the base: agent served in forum

Question 5

what does the defendant receive in international shoe?

Answer 5

the benefits of the state including the rights to resort to the court for the enforcement itself

Question 6

what is due process triggered by?

Answer 6

deprivation of life, liberty or property

Question 7

what does the theory of territoriality apply to

Answer 7

all four traditional bases

Question 8

what is PJ a question of?

Answer 8

power over the defendant and in which state can the plaintiff sue the defendant

Question 9

what is no longer used in international shoe?

Answer 9

physical presence

Question 10

is international shoe plaintiff or defendant friendly?

Answer 10

more plaintiff friendly than pennoyer

Question 11

what does the factor test in Volkswagen consist of

Answer 11

1) burdon on defendant (primary concern)
2) interest of forum state in adjudicating the dispute
3) plaintiff’s interest in convenient and effective form
4) shared interest for efficient resolution (all the states) in furthering fundamental substantive social policies

Question 12

is the burden on the plaintiff or defendant?

Answer 12

on the defendant- mere convenience isn’t enough unless its extreme.

Question 13

what does the statutory component include?

Answer 13

1) the tradition bases for Personal Jurisdiction statute (pennoyer- notice; Hess- consent)
2) long arms for minimum contacts

Question 14

what challenges jurisdiction in Hanson?

Answer 14

collateral attack but can’t challenge the first suit like in pennoyer

Question 15

in international shoe what does due process require if they are not present in the territory of that forum?

Answer 15

certain minimum contacts with it such that the maintenance of the suit does not offend “traditional notions of play and substantial justice”

Question 16

what does the traditional bases of the constitutional component include?

Answer 16

1) domicile (mas v. Perry)- change in domicile test
2) continuous but limited (Burnham)- Scalia plurality
3) consent (Carnival- Ex ante; Hess- ex-post)

Question 17

what determines jurisdiction in international shoe?

Answer 17

frequency and relatedness

Question 18

in hess what acted as the agent?

Answer 18

Use of public highway in MA- “appointed” an agent of DMV

Question 19

what applies in Burger King like Volkswagen?

Answer 19

same fairness factors

Question 20

does international shoe abandon the territorial theory?

Answer 20

no

Question 21

3 types of PJ

Answer 21

1) in personam: jurisdiction over the person himself
2) In Rem: dispute over ownership of real property
3) Quasi in Rem: property attached

Question 22

what broadened personal jurisdiction?

Answer 22

changing systems in the world

Question 23

what are states doing after international shoe?

Answer 23

passing long-arm statutes in response to the ruling to protect their citizens from broadening pj

Question 24

what does the min contacts 2 prong approach in Volkswagen include?

Answer 24

1) look at nature of defendant’s contacts

2) do the contacts put defendant on reasonable notice that he can anticipate being haled into court?

Question 25

what does international shoe do for pj?

Answer 25

broadens the definition

Question 26

what case does the plaintiff use in Volkswagen and what case does the defendant use?

Answer 26

plaintiff: McGee and defendant: Hanson

Question 27

what makes Pennoyer defendant friendly

Answer 27

defendant has the opportunity to leave the state and avoid being sued

Question 28

what does hess introduce?

Answer 28

"implied consent"

Question 29

what is required of the sole contact in McGee?

Answer 29

as long as it's directly related (low frequency high relatedness)

Question 30

what does Volkswagen bring to the table?

Answer 30

minimum contacts, a 2 prong approach

Question 31

what are the 4 traditional bases of pennoyer?

Answer 31

1) appear in court (consent) 2) found in state and serviced while present in state personally 3) agent served within forum 4) resident of state and served in state (domiciled) or have property therein only if the property is attached at the time of the suit and only to the extent of the value of whatever the judgement is

Question 32

what is established in international shoe?

Answer 32

minimum contacts

Question 33

in international shoe what must we depend on to satisfy due process?

Answer 33

quality and nature

Question 34

what does the factor test in Volkswagen determine?

Answer 34

fairness and reasonableness

Question 35

what other test does Volkswagen create?

Answer 35

factor test

Question 36

is hess defendant or plaintiff friendly?

Answer 36

bound by pennoyer which is defendant friendly but a little more plaintiff friendly

Question 37

what was the contact with state in Volkswagen?

Answer 37

low frequency, high relatedness and that's enough

Question 38

does the forum in hess have a strong regulatory interest?

Answer 38

yes- statutes

Question 39

types of long arm statutes

Answer 39

1) grants power up to the constitutional limit | 2) enumerated- analyze applicability

Question 40

is McGee plaintiff or defendant friendly?

Answer 40

plaintiff

Question 41

how does Volkswagen abandon pennoyer?

Answer 41

emphasizes the reasonableness of asserting jurisdiction over the defendant

Question 42

what case established an agent for being served?

Answer 42

kane v. NJ

Question 43

what does hess maintain from pennoyer?

Answer 43

physical presence (not unreasonable to make the defendant answer for his conduct)

Question 44

what broadened the shift in law and method in the time of pennoyer?

Answer 44

formalism

Question 45

what does international shoe v. Washington bring to the table?

Answer 45

sovereignty over states (pennoyer) has moved to what could be "reasonable"

Question 46

is Pennoyer plaintiff or defendant friendly?

Answer 46

defendant

Question 47

besides the 2 prong approach what does Volkswagen bring to the table?

Answer 47

foreseeability (defendant's conduct and connection with forum state are such that he can anticipate being haled into court)

Question 48

what is purposeful availment

Answer 48

defendant purposely invokes the protections/benefits of forum state's laws through their activity in the state

Question 49

what does Hanson bring to the table?

Answer 49

purposeful availment

Question 50

what if there are none of the 4 traditional bases?

Answer 50

use minimum contacts test

Question 51

what are some aspects of the contacts in Burger King?

Answer 51

1) need to be considered in light of all other things | 2) some contacts are necessary no matter how fair it is

Question 52

what type of activities take place in international shoe?

Answer 52

systematic and continuous activities that don't offend fair play and justice

Question 53

in international shoe what is state sovereignty no longer limited by?

Answer 53

state territory

Question 54

what is sovereignty no longer limited by in international shoe?

Answer 54

territoriality (state interests can cross state boundaries)

Question 55

what did Pennoyer establish?

Answer 55

physical presence and the 4 traditional bases and the theory of territoriality

Question 56

what does Burger King bring to the table?

Answer 56

breaks terms fair play and substantial justice into contacts and fairness agreeing with Volkswagen

Question 57

Components of the 2 step dance

Answer 57

1) statutory component | 2) constitutional component

Question 58

what does Volkswagen protect?

Answer 58

federalist principle that states are co-equal sovereigns that cannot without sufficient jurisdiction reach into other states