Personal Jdx

Question 1

main question about PJ

Answer 1

Court’s power over the defendant; focused on D’s contacts w/ forum state

Question 2

2 step analysis re: PJ in state and fed court

Answer 2

1. exercise of PJ must fall within a state statute - is there a long-arm statute covering this conduct?
   *in many states, long arm statute says that it permits courts to exercise PJ to extent of the Constitution –> so statutory grant of PJ is same as constitutional test
2. exercise of PJ must satisfy constitution/due process

Question 3

constitutional analysis
what is the main question?
what are the 3 things we look at?

Answer 3

• does the D have MINIMUM CONTACTS with forum state, so that personal jdx doesn’t offend traditional notions of fair play and substantial justice? (Courts in that state have vested interest in you)
• we look at contact, relatedness, and fairness

Question 4

contact

Answer 4

there must be minimum contacts b/w D and forum state

1. purposeful availment of forum state’s laws / D’s voluntary act (D can purposefully avail without setting foot in forum–can cause effect in the forum);
2. foreseeability (is it foreseeable that D can be sued in forum state?)

Question 4

relatedness

Answer 4

• ask: does pff’s claim “arise from or relate” to D’s contact with forum (e.g., D commits an act in State A that injures pff — this is easy case b/c pff’s claim arises from D’s contact with forum state)
• pff’s claim can also RELATE TO D’s contact with forum
• if yes, case involves specific PJ; go to fairness
• if no, only way to proceed is if court has general PJ

Question 5

what happens if relatedness is not met?

Answer 5

• if Pff’s claim does NOT arise out of or relate to D’s contacts, only way to proceed is with general PJ
• forum state has general PJ over the D wherever he’s at home (domiciled)

Example: If D is at home in Texas, he can be sued in Texas on a claim that arose anywhere in the world b/c Texas has general PJ over D

Question 6

another way to get general PJ over human being defendant (the other is where she’s domiciled)

Answer 6

state has general personal jdx over D who was served with process in that state

Question 7

where is a corporation subject to general PJ?

Answer 7

states in which it is incorporated; and the one state in which has its principal place of business

Question 8

fairness (specific PJ ONLY)

Answer 8

• these are NOT addressed if there’s general PJ (once we find that D is at home in forum, that’s it)
• we look at these factors to determine if specific PJ is fair:

1. burden on D and witnesses
2. state’s interest (forum state may want to give a courtroom for its citizens who are harmed by out of state Ds so likely fair!)