Personal Jurisdiction (PJ) Flashcards
personal jx (PJ) requirements
federal courts must have PJ over a party for its judgment to be binding
- federal courts can exercise PJ to the same extent as the state courts where the federal district court is located
personal jx falls into 2 categories
- traditional bases of jx, and
- long-arm jx
traditional bases of jx
- domicile,
- presence in the state when served
- consent, OR
- waiver (appearing in the action w/out objecting)
NOTE: the above comports w/ due process requirements
long-arm jx
to assert PJ over a non-resident:
1. the state must have a long-arm statute, AND
2. comply w/ constitutional due process requirements: D must have sufficient minimum contacts w/ forum state so as not to offend tradition notions of fair play and substantial justice
constitutional due process requirements
two prongs:
- Prong 1: minimum contacts (contacts + relatedness)
- Prong 2: fair play & substantial justice (fairness)
Prong 1: minimum contacts (contacts + relatedness)
either:
General jx: contacts so substantial and of such nature that D is essentially at home, OR
- individuals = domicile in state
- corporations = where corp is “at home” (usually where incorporated or headquartered)
Specific jx: connection between forum state and underlying controversy AND lawsuit must relate/arise from D’s contact w/ the state
- regularly occuring product sales in a state does NOT justify jx of a claim unrelated to those sales
Prong 2: fair play & substantial justice (fairness)
must be fair and reasonable for D to be sued in the forum state