Personal Jurisdiction

Question 1

Personal Jurisdiction

Answer 1

Concerns the court’s ability to bind a defendant (or a piece of property) without violating due process by issuing a binding judgement that resolves the parties’ dispute. D must be given adequate notice of the lawsuit.

Question 2

In Personam Jurisdiction

Answer 2

Traditional bases: of the following 4 traditional bases are satisfied, the court will have PJ over defendant when:
Is DOMICILED in the forum state.
CONSENTS to the jdx in the forum state
Is PRESENT in the forum state when served with process.

Question 3

In Personam Jurisdiction: Traditional bases

1) Domiciled

Answer 3

Is domiciled in the forum state. A natrual person’s domicile is the state in which he has physical presence and the subjective intent to remain.

Question 4

In Personam Jurisdiction –Traditional bases

2) Consents

Answer 4

Consents to the jurisdiction in the forum state (aka waives–express consent, voluntary appearance, and missing deadline to the object to complaint.)

Question 5

Two Analysis you must do for In personam jurisdiction

1) Traditional Basis, and
2) __________________

Answer 5

SPECIFIC JURISDICTION
ALWAYS Discuss even if Traditional Bases is met:
Forum state only has jdx to hear specific claims against non-resident D, which are related to that D’s contacts with the forum state.

Question 6

Specific Jurisdiction–Step 1

Answer 6

Step 1: State Long Arm Statute
A long arm statute is the mechanism that gives a state the power to reach beyond its own borders and assert jdx over a nonresident. 
2 types:  
1) Unlimited--like CA
2) Limited--

Question 7

Long Arm Statutes

Answer 7

Unlimited: like CA which gives its state courts power over any person or property up to the limits of the Constitution.
2) Limited: some states have limited long-arm statutes that give its courts power over nonresidents only under certain specified situations.

Question 8

Specific Jurisdiction–Step 2

Answer 8

Constitutional Due Process Rule:
Does the D have sufficient “minimum contacts” with the forum state such that the exercise of PJ does not offend traditional notions of fair play and substantial justice as to make it reasonable.

Question 9

Minimum Contacts

Answer 9

Step 2 Constitutional Due Process Rule
In determining whether such minimum contacts are present, courts look to three things: 1) the level of contacts with the forum state )2 the relatedness of those contacts to the cause of action, and 3) whether the exercise of jurisdiction would be fair, taking into account private and public consideration.

Question 10

Minimum Contacts –mnemonic device

Answer 10

Nurses Punched Fuzzy Radiologists Fiercely

1) Nature
2) Purposefully avail
3) Foreseeable
4) relatedness

Question 11

Minimum Contacts –Shoe prong 1

Answer 11

To determine whether a defendant has minimum contacts with the forum state to justify an exercise of PJ, the court looks to:

1) the nature of D’s contacts (continuous/systematic, singled/isolated, somewhere in the middle)
2) whether the defendant purposefully availed himself to the benefits and protections of the forum state such that
3) it is reasonably foreseeable that he will be haled into court there, and
4) the relatedness between the claim at issue and the D’s contact in the forum state.

Question 12

Minimum Contacts Shoe #2

mnemonics

Answer 12

Fairness Factors: P FEDS

Question 13

Minimum Contacts Shoe #2

Answer 13

Fairness Factors: Next, the exercise of PJ must be fair. To analyze fairness, assess:
P-FEDS
1) Plaintiff’s interest in obtaining convenient and effective relief in the forum state
2) Forum State’s Interest
3) Efficiency
4) Defendant burdened
5) Several State’s Shared Interest

Question 14

Fairness Factors: Next, the exercise of PJ must be fair. To analyze fairness, assess:
1) Burden

Answer 14

a. The Burden on D to litigate

Question 15

Fairness Factors: Next, the exercise of PJ must be fair. To analyze fairness, assess:

2) State’s Interest

Answer 15

b. Forum STATE’S INTEREST in adjudicating (location of witnesses and evidence)

Question 16

Fairness Factors: Next, the exercise of PJ must be fair. To analyze fairness, assess:

3) P’s interest

Answer 16

c. P’s interest in obtaining convenient and effective relief

Question 17

Fairness Factors: Next, the exercise of PJ must be fair. To analyze fairness, assess:

4) Judicial interest

Answer 17

d. Judicial interest in regulating activity within its borders and protecting citizens

Question 18

Fairness Factors: Next, the exercise of PJ must be fair. To analyze fairness, assess:

5) Several State’s Shared Interest

Answer 18

e. Several state’s Shared interest in furthering fundamental substantive social policies.

Question 19

In Rem Jurisdiction

Answer 19

Forum has power to adjudicate rights of all persons to a particular item of property, defendant not personally bound.

Question 20

Quasi In Rem Jurisdiction–Type 1

Answer 20

Court adjudicates rights of parties in property based on property being in forum; close connection between case and property provides minimum contacts

Question 21

Quasi In Rem Jurisdiction–Type 2

Answer 21

Court attaches proprety to bring defendant into forum on unrelated claim; D must have minimum contacts with the forum.