Personal Jurisdiction (PJ)

Question 1

What is the drive behind personal jurisdiction?

Answer 1

The power of the court over the parties

Question 2

What are the steps to satisfying personal jurisdiction?

Answer 2

1. Satisfy a state statute
2. Satisfy the Constitution (Due Process)

Question 3

Does the analysis for satisfying PJ differ depending on the court (federal v. state)?

Answer 3

No

Question 4

What is the constitutional analysis?

Answer 4

Does the defendant have “minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice”?

Question 5

What are the clear cases for constitutional analysis of personal jurisdiction?

Answer 5

1. Domiciled in the forum
2. Consent
3. Voluntarily present in the forum when served with process

Question 6

What are the factors tested in the constitutional analysis of personal jurisdiction? (3)

Answer 6

1. Contact
2. Relatedness
3. Fairness

Question 7

What are the factors in the contact analysis for personal jurisdiction? (2)

Answer 7

1. Purposeful availment (voluntary act - no physical presence necessary); AND
2. Foreseeability (must be foreseeable that the defendant could be sued in the state)

Question 8

What is the relatedness analysis for personal jurisdiction?

Answer 8

Relation between the contact D has with the forum and P’s claim

Question 9

What is general personal jurisdiction?

(Person)

(Corporation)

Answer 9

D must be at home in the state

IF Person: domicile

IF Corporation: place of incorporation AND principal place of business

Question 10

What does general personal jurisdiction mean?

Answer 10

D can be sued in this forum for a claim arising anywhere in the world

Question 11

What is specific personal jurisdiction?

Answer 11

P’s claim arises from D’s contact with the forum

Question 12

When is the fairness analysis triggered?

Answer 12

Only in cases of specific personal jurisdiction

Question 13

What is the fairness analysis for personal jurisdiction? (Balancing test)

Answer 13

Balance:

1. Burden on the defendant and witnesses,
2. State’s interest, AND
3. Plaintiff’s interest

Question 14

What is considered a burden on the defendant and witnesses for fairness analysis?

Answer 14

“Severe disadvantage in the litigation”

Relative wealth is not determinative (Hard to show)

Question 15

What are in rem and quasi in rem jurisdictions?

Answer 15

In rem: power over D’s property in the forum attached by the court to the case at the outset

Must meet the constitutional test applied for in personam