Personal Jurisdiction (Writing Template)

Question 1

Personal Jurisdiction

Answer 1

In personam jurisdiction (IPJ) refers to the court’s ability to exercise power over a particular D.

Question 2

IPJ - Traditionally

Answer 2

IPJ is based on where the party is domiciled (place where person maintains her permanent home. Place chosen through presence coupled with intention to make that place home), presence in the state when served, and consent. Here,

Most states grant immunity from IPJ to non-residents who are parties or witnesses in a judicial proceeding, however CA does NOT apply immunity. IPJ can be asserted over ANYONE in the state. Here,

Question 3

Long Arm Statute

Answer 3

Since no traditional basis exists, the P must look to see if the state has a long arm statute that would allow IPJ over the D. A long arm statute gives the court personal jurisdiction over an out of state D. Here,

CA’s long arm statute gives courts the power over any person over which the state can constitutionally exercise jurisdiction. Here,

Question 4

Constitutional Limitations

Answer 4

Even if a state statute arguably grants the state courts IPJ over the D, such exercise must still be constitutional. To be constitutional there must be sufficient contacts with the forum state SO AS TO NOT OFFEND TRADITIONAL NOTIONS OF FAIR PLAY AND SUBSTANTIAL JUSTICE

Question 5

Minimum Contacts

Answer 5

Minimum contacts requires a showing of purposeful availment and foreseeability

Question 6

Minimum Contacts -

Purposeful Availment

Answer 6

The courts must find that D purposefully availed herself of the privilege of conduction activities in the forum state, thus invoking the benefits and protections of its laws. Here,

Question 7

Minimum Contacts -Foreseeability

Answer 7

The D also must know or reasonably anticipated that her activities in the forum render it foreseeable that he may be brought into court in that state.

Question 8

Relatedness of the Claim to the Contact

Answer 8

The claim must arise from the D’s contacts with the forum. This requires a showing of either specific or general jurisdiction

Question 9

Specific Jurisdiction - Claim Related to D’s Contacts

Answer 9

Specific jurisdiction will be asserted if the claim is related to the D’s contacts with the forum. Here,

Question 10

General Jurisdiction - “Essentially at Home”

Answer 10

Where there is no specific jurisdiction, the court will look to see if the D had systematic and continuous activity in the forum state such that the D is “essentially at home” in that forum. Here,

Question 11

IPJ - Fairness

Answer 11

The court, in determining whether to exercise IPJ over the D is far, will balance the inconvenience to the D against the state’s interest

Question 12

Inconvenience

Answer 12

A forum is constitutionally acceptable unless it is so gravely difficult and inconvenient that the D is put at a severe disadvantage. Here,

Question 13

State’s Interest

Answer 13

The forum state may have a legitimate interest in providing redress for its residents. Here,

Question 14

In Rem Jurisdiction

Answer 14

IN Rem jurisdiction exists when the court has power to adjudicate the rights of ALL persons in the world with respect to a particular item of property in that forum. Here,

Question 15

Quasi In Rem Jurisdiction

Answer 15

QIR jurisdiction exists when the court has the power to determine the rights of particular individuals with respect to specific property within the court’s control. Here,

Question 16

Conclusion

Answer 16

In conclusion, the factors more strongly support a finding that IPJ exists over the D, and thus the Court’s ruling to deny D’s motion to dismiss for lack of IPJ was proper.

Question 17

(If IPJ is NOT a major issue…)

Minimum Contacts

Answer 17

Minimum contacts requires a showing of purposeful availment and foreseeability. The courts must find that D purposefully availed himself of the privilege of conducting activities in the forum state, thus invoking the benefits and protections of its laws. Additionally, the D must have foreseen that he would be hailed into court in the forum state. Here,

Question 18

(If IPJ is NOT a major issue)

Relatedness of Claim to Contact

Answer 18

Specific jurisdiction exists where the claim is related to D’s contact with the forum. General jurisdiction exists where the D engages in systematic and continuous activity in the forum so that he is “essentially at home” in the forum. Here,

Question 19

(If IPJ is NOT a major issue)

Fairness

Answer 19

The court, in determining whether exercising IPJ over the D is fair, will look at the convenience to the D, the state’s interests, and other factors. Here,