Personal Jurisdiction (PJ) Flashcards

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1
Q

personal jx (PJ) requirements

A

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

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2
Q

personal jx falls into 2 categories

A
  1. traditional bases of jx, and
  2. long-arm jx
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3
Q

traditional bases of jx

A
  1. domicile,
  2. presence in the state when served
  3. consent, OR
  4. waiver (appearing in the action w/out objecting)

NOTE: the above comports w/ due process requirements

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4
Q

long-arm jx

A

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

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5
Q

constitutional due process requirements

A

two prongs:
- Prong 1: minimum contacts (contacts + relatedness)
- Prong 2: fair play & substantial justice (fairness)

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6
Q

Prong 1: minimum contacts (contacts + relatedness)

A

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

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7
Q

Prong 2: fair play & substantial justice (fairness)

A

must be fair and reasonable for D to be sued in the forum state

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