Personal Jurisdiction

Question 1

Personal jurisdiction (PJ)

Answer 1

Personal jurisdiction is the court’s power over the parties:

(1) Court automatically has power over P because she filed case

(2) Court’s power over D depends on whether D has sufficient contacts with the forum state so that personal jurisdiction is fair and reasonable

*Same for federal court and state court
**Lack of PJ can be waived by D

Question 2

Subject matter jurisdiction

Answer 2

In contrast, subject matter jurisdiction is the court’s power over the case

Question 3

PJ analysis (classic MEE question)

Answer 3

1. PJ must first fall within a state “long arm” statute (two types):
   -Either the state statute specifies the situations in which PJ is statutorily authorized (only if given statute on MEE); or
   -The state statute allows courts to exercise PJ to full extent of the Constitution (step 2)
2. Does D have sufficient minimum contacts with the forum so PJ does not offend the traditional notions of fair play and substantial justice?
   (A) Contact = purposeful availment + foreseeability
   -D must target and reach out to the forum
   -Must be foreseeable that D could be sued in forum

(B) Relatedness: does P’s claim arise from or relate to D’s contact with the forum?
-YES: specific PJ (must address fairness factors)
-NO: general PJ (D must be at home forum, but can be sued on a claim that arose anywhere in the world)

(C) Fairness (specific PJ only): whether PJ would be fair and reasonable
-Burden on D and any witnesses (relative wealth not determinative; must put D at a severe disadvantage during litigation)
-State interest in providing courtroom to its citizens harmed by out-of-state defendants
-P’s interest in suing in this forum

If yes to 2, then the court has personal jurisdiction over the defendant

Question 4

PJ analysis shorthand

Answer 4

Contact: D’s purposeful availment + foreseeability

Relatedness: arise out of and relate to D’s conduct
-Determines specific (Y) or general PJ (N)

Fairness: weigh burden on D/W, state’s interest, and P’s interest
-Specific PJ only
-Relative wealth not determinative

Question 5

Home forum

Answer 5

Person = domicile

Corporation = state(s) in which its incorporated + state in which it has its principal place of business