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CivPro > Personal Jurisdiction > Flashcards

Personal Jurisdiction Flashcards

1
Q

is Hanson plaintiff or defendant friendly

A

defendant

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2
Q

what does McGee bring to the table?

A

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

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3
Q

how is Hanson defendant friendly?

A

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.

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4
Q

what did Hess v. Pawloski bring to the table?

A

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

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5
Q

what does the defendant receive in international shoe?

A

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

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6
Q

what is due process triggered by?

A

deprivation of life, liberty or property

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7
Q

what does the theory of territoriality apply to

A

all four traditional bases

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8
Q

what is PJ a question of?

A

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

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9
Q

what is no longer used in international shoe?

A

physical presence

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10
Q

is international shoe plaintiff or defendant friendly?

A

more plaintiff friendly than pennoyer

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11
Q

what does the factor test in Volkswagen consist of

A

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

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12
Q

is the burden on the plaintiff or defendant?

A

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

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13
Q

what does the statutory component include?

A

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

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14
Q

what challenges jurisdiction in Hanson?

A

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

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15
Q

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

A

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

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16
Q

what does the traditional bases of the constitutional component include?

A

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

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17
Q

what determines jurisdiction in international shoe?

A

frequency and relatedness

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18
Q

in hess what acted as the agent?

A

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

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19
Q

what applies in Burger King like Volkswagen?

A

same fairness factors

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20
Q

does international shoe abandon the territorial theory?

A

no

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21
Q

3 types of PJ

A

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

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22
Q

what broadened personal jurisdiction?

A

changing systems in the world

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23
Q

what are states doing after international shoe?

A

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

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24
Q

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

A

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?

25
Q

what does international shoe do for pj?

A

broadens the definition

26
Q

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

A

plaintiff: McGee and defendant: Hanson

27
Q

what makes Pennoyer defendant friendly

A

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

28
Q

what does hess introduce?

A

“implied consent”

29
Q

what is required of the sole contact in McGee?

A

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

30
Q

what does Volkswagen bring to the table?

A

minimum contacts, a 2 prong approach

31
Q

what are the 4 traditional bases of pennoyer?

A

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

32
Q

what is established in international shoe?

A

minimum contacts

33
Q

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

A

quality and nature

34
Q

what does the factor test in Volkswagen determine?

A

fairness and reasonableness

35
Q

what other test does Volkswagen create?

A

factor test

36
Q

is hess defendant or plaintiff friendly?

A

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

37
Q

what was the contact with state in Volkswagen?

A

low frequency, high relatedness and that’s enough

38
Q

does the forum in hess have a strong regulatory interest?

A

yes- statutes

39
Q

types of long arm statutes

A

1) grants power up to the constitutional limit

2) enumerated- analyze applicability

40
Q

is McGee plaintiff or defendant friendly?

A

plaintiff

41
Q

how does Volkswagen abandon pennoyer?

A

emphasizes the reasonableness of asserting jurisdiction over the defendant

42
Q

what case established an agent for being served?

A

kane v. NJ

43
Q

what does hess maintain from pennoyer?

A

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

44
Q

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

A

formalism

45
Q

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

A

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

46
Q

is Pennoyer plaintiff or defendant friendly?

A

defendant

47
Q

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

A

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

48
Q

what is purposeful availment

A

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

49
Q

what does Hanson bring to the table?

A

purposeful availment

50
Q

what if there are none of the 4 traditional bases?

A

use minimum contacts test

51
Q

what are some aspects of the contacts in Burger King?

A

1) need to be considered in light of all other things

2) some contacts are necessary no matter how fair it is

52
Q

what type of activities take place in international shoe?

A

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

53
Q

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

A

state territory

54
Q

what is sovereignty no longer limited by in international shoe?

A

territoriality (state interests can cross state boundaries)

55
Q

what did Pennoyer establish?

A

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

56
Q

what does Burger King bring to the table?

A

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

57
Q

Components of the 2 step dance

A

1) statutory component

2) constitutional component

58
Q

what does Volkswagen protect?

A

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

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