Personal Jurisdiction cases Flashcards
what are the 4 traditional bases?
1) domiciled in state
2) Served while present in state
3) consents to PJ either expressly or implicitly
4) waves the objection to pj
what did Pennoyer bring to the table?
physical presence
what did the newly enacted 14th amendment around pennoyer time allow?
courts to review judgements on nonresidents without personal service, a violation which would be against due process
what is the extent of the property in the four traditional bases?
can only recover as much land as land is worth if in-state property is the only jurisdiction the state has
what is tagged jurisdiction?
service of process while you’re in the state
what did Hess bring to the table?
implied consent
what does the implied consent in hess refer to?
state’s power to regulate the use of its highways extents to their nonresidents as well as residents (as long as nonresidents are being treated the same as residents.
what can occur in hess that was established in Pennoyer?
nonresidents can be served through a state agent but MUST also be Mailed to the defendant
how does hess bend penner’s rigidity?
by driving through the state using its highway systems the nonresident implicitly consents to the DMV acting as his agent for valid service of process.
what is the rule of international shoe?
within the limitations of due process the defendant renders itself amenable when minimum contacts are met
what must contact with the forum state be according to international shoe?
systematic and continuous
what did Hanson bring to the table?
purposeful availement and unilateral activity
was Hanson p or d friendly?
defendant `
what did McGee bring to the table?
balance of the strong regulatory interest of the state v. convenience and the sole contact
what does the sole contact mean in McGee?
2) only need one contact
2) low frequency high relatedness
3) needs to have a substantial connection with the fourm
4) plaintiff friendly
