Right Court - Do i have personal jurisdiction?

Question 1

What is the primary question personal jurisdiction involves?

Answer 1

Can the Plaintiff sue the Defendant in this state?

Question 2

What is the two step personal jurisdiction analysis?

Answer 2

1) Satisfy state statute; and

2) Satisfy the constitution (due process)

Question 3

Does the two step PJ analysis differ depending on whether the case will be filed in federal court or state court?

Answer 3

No, same in both.

Question 4

For the two step PJ analysis, what is the statutory step?

Answer 4

Each state is free to have its own statutes for in personam jurisdiction. Normally state statutes say jurisdiction ok if the case meets constitutional test.

Question 5

For the two step PJ analysis, what is the constitutional (due process) step?

Answer 5

Does D have such minimum purposeful contacts with forum so jurisdiction does not offend traditional notions of fair play and substantial justice?

Question 6

When is PJ clearly constitutional?

Answer 6

1) If D domiciled, 2) Consents, 3) voluntarily present

Question 7

What if PJ isn’t so clearly constitutional?

Answer 7

Must assess factors relating to contact, relatedness and fairness.

Question 8

What are two factors that show relevant contact between D and forum state?

Answer 8

1) Contact results from purposeful availment;

2) Must be foreseeable that Defendant could get sued in the forum.

Question 9

What is purposeful availment?

Answer 9

Its where we look to the D’s voluntary acts to see if they reached out to the forum. (don’t have to set foot, just about causing effect).

Question 10

What is the question of relatedness?

Answer 10

Does P’s claim arise from D’s contact with forum?

Question 11

What if the claim does arise from D’s contact with the forum?

Answer 11

Court may uphold PJ even if D does not have much contact with forum (depending on fairness) which is called specific jurisdiction.

Question 12

What if the claim does not arise from D’s contact with the forum?

Answer 12

Jurisdiction is OK only if the court has general personal jurisdiction.

Question 13

If I have general jurisdiction where can D be sued?

Answer 13

A claim arising anywhere in the world.

Question 14

To have general PJ what must be true?

Answer 14

D must be at home in forum which means where they are domiciled.

Question 15

Where is a corporation always at home?

Answer 15

1) PPB and 2) Where incorporated.

Question 16

So we know if we have specific jurisdiction, the court can uphold PJ even if D doesn’t have much contact with forum depending on whether it’s fair/reasonable.

Answer 16

no answer xxx

Question 17

What are the three factors we look to to determine whether its fair/reasonable?

Answer 17

1) Burden on D and witnesses, show it was at a severe disadvantage in litigation
2) State’s interest
3) Plaintiffs’ interest (may be injured and want to sue at home)