Personal Jx

Question 1

What is definition of personal jx?

Answer 1

It is the authority that a court has to require the defendant to appear in the forum.

Question 2

What is holding in international shoe co. v Washington?

Answer 2

In International Shoe Co. the holding is that there must be minimum contacts in a state for there for the state court where the contacts are, to exercise specific in-personam jx over a company.

Minimum contacts –> this means that the contacts within the state are systematic and continuous.

Question 3

According to international shoe, what must be there regarding contacts to exercise specific in-personam jx?

Answer 3

There must be contacts within that state, and the claim needs to arise out of the contacts of that state.

Specific jx occurs when the defendant has a single or limited contacts in a state.

Question 4

Special Appearance Rule and reason for having special appearance rule

Answer 4

When a defendant arrives to contesting personal jurisdiction, they have a special appearance rule to appear in court in the plaintiff’s state.

If the defendant brings up anything other than personal jx, then defendant waived personal jx defense.

Question 5

Collateral attack

Answer 5

A defendant refuses to appear in the court of law where the plaintiff has asserted personal jurisdiction.

Then the plaintiff goes to the court where the defendant is a citizen of the state, and tries to evoke the Full Faith and Credit Clause. This clause is only applied when the original court entered a valid judgment.

Defendant then appears in this court and challenges that the original court’s judgment was invalid for lack of pj and should not be enforced.

Question 6

Interlocutory appeal

Answer 6

Some states have allowed for defendants to appeal personal jx during trial (unlike in federal courts where the appeal must be done after trial court enters judgment), so time won’t be wasted.

Question 7

What are the 3 factors to establish specific jurisdiction?

Answer 7

1. if the defendant has purposeful contacts with the forum
   a. defendant has to purposefully avail privileges and benefits of conducting activities within a certain forum.
2. claim arises from these contacts
3. exercise of personal jurisdiction would be fair and reasonable.
   a. burden on defendant (main consideration
   b. forum state’s interest in adjudicating the dispute
   c. plaintiff’s interest in obtaining relief
   d. interstate judicial system’s shared interest of obtaining most efficient resolution of controversy
   e. shared interest of several states in furthering fundamental substantive policies

Question 8

What is the test that is used corporations for general in-personam jx?

Answer 8

The test used is at “home test”.

The at home test is where a corporation has its principal place of business (nerve center) or the place of incorporation.

Question 9

Before Daimler, it was assumed that corporations have general jx wherever the company has

Answer 9

continuous and systematic contacts

Question 10

What did the court establish when it came to forseeability of contacts?

Answer 10

Forseeability is not enough to establish contacts for specific jurisdiction