PJ Flashcards
A state has PJ over a D who is voluntary present in the forum state and served with process while there. A state also has jdx over a person domiciled in the state or when a D consents through appearance in court
Traditional basis for PJ
Cut exercises its jdx. on the basis that is in accord with the state long arm state and the US constitution.
Long Arm Statue
Satisfied if a non-resident D has certain minimum contacts with the forum state such that the maintenance of the action does not offend traditional notions of fair play and substantial justice.
Due Process Req.
Minimum Contacts ask if there is purposeful availment, foreseeability and relatedness.
Minimum Contacts
A D’s contacts with the forum jdx must be purposeful and substantial, such that the D should reasonably anticipate being taken to court there.
Purposeful Availment
Depends on whether a D recognizes or anticipates that by running his business he runs the risk of being party to a suit in a particular jdx.
Foreseeeability
Relatedness can be met through specific or general jdx
Relatedness
Cause of Action arises out of or closely relates to a D’s contact with the forum state, jdx may be warranted even if that contact is D’s only contact with the forum state.
Specific jdx.
Cause. of action does not arise out of or relate to the d’s contacts with the forum, jdx. is warranted only when the D is at home in the forum state.A corp is at home in the state of its incorporation and the state where its PPB, usually the executive officers or “nerve center” is located.
General Jdx.
The maintenance of an action in the forum state must also not offend traditional notions of fair play and substantial justice. Courts Consider a variety of factors including:
- Interest of the forum state in adjudicating the matter
- Burden on D appear in the case
- shared interest of the States in promoting social policies.
Fair Play and Substantial Justice
