Create
Learn
Share

Personal Jurisdiction

rename
wermerj's version from 2015-11-21 17:08

Personal Jurisdiction

Question Answer
Two Broad categories of Personal JurisdictionPerson and Thing
PJ 1In Personam
PJ 2In Rem
PJ3Quasi in Rem Type 1
PJ 4Quasi in Rem Tye 2
memorize

In Personam

Question Answer
In PersonamCourt has power over D herself
Requirements 1D is present when served
Requirements 2D is domiciled
Requirements 3D has minimum contacts
memorize

Four Traditional Bases for In Personam

Question Answer
Base 1D served with process in the forum - gives general jurisdiction
Base 2D's agent served with Process in forum
Base 3D is domiciled in forum - gives general jurisdiction
Base 4D consents to personal Jurisdiction through forum selection, appears in court, waiver
memorize

In Rem

Question Answer
In RemCourt has power over property
RequirementProperty must be in forum state boundary
Decides the issueFor the whole world
memorize

Minimum Contacts buzz sentence

Question Answer
buzz sentenceCourt has jurisdiction if the defendant has minimum contacts with the forum such that the exercise of personal jurisdiction does not offend traditional notions of fair play and substantial justice
Two Step analysis1. State's Long-arm Statute; 2. 5th and 14th Amendment
Federal Long Arm Statute4(k)2, if D doesn't have minimum contacts with any particular state, you can aggregate multiple state contacts and sue in fed court
memorize

Minimum Contacts

Question Answer
Specificclaim arises out of specific contact
D purposefully directed activity to forum State
purposeful availment of benefits of forum State, can't be through unilateral action of 3rd party or plaintiff
D can reasonably foresee being haled into forum State
continuous and systematic contacts
memorize

Automatic minimum contact

Question Answer
1where D has headquarters
2domicile
3Burnham, being in CA for three days granted general jurisdiction for Justice Brennan doing minimum contacts analysis
Federal Long Arm Statute4(k)2, if D doesn't have minimum contacts with any particular state, you can aggregate multiple state contacts and sue in fed court
memorize

Fairness Requirements for Minimum Contacts

Question Answer
1Burden on Defendant
2Forum State's interest in adjudicating suit
3Plaintiff's interest for convenient and effective relief
4Interstate social policies
If you meet these factorsneed a lesser showing of D's minimum contacts to get PJ
memorize

Stream of Commerce Two theories

Question Answer
First TheoryPutting product into stream of commerce and reasonably anticipating that it will get to forum State is a relevant contact
Second TheoryNeed the first theory plus an intent or purpose to serve forum State
Intent or purpose to serve forum stateadvertising in forum State, having customer service in those states
memorize