Personal Jdx - Trad. Bases

Question 1

Types of Personal Jdx

Answer 1

In Personam

In Rem

Quasi in rem

Question 2

In personam

Answer 2

Holding the defendant liable in the judgement (like an outstanding debt)

Question 3

Full Faith and Credit Clause:

Answer 3

can travel to another state and have the other state enforce the judgement against defendant

Question 4

In rem

Answer 4

(Property Based) Attach property in dispute in forum state

Question 5

Quasi in rem

Answer 5

(Property Based) Attach property that is unrelated to the lawsuit

Question 6

Traditional Basis of Personal Jdx

Answer 6

Citizenship
Tag Jdx
Consent
Waiver

Question 7

General Rule for Citizenship - Individuals (Personal Jdx)

Answer 7

If domiciled in the forum state

Domiciled = residence or physical presence in the state with the intent to remain indefinitely

Question 8

General Rule for Citizenship - Corporations (Personal Jdx)

Answer 8

state of incorporation

Question 9

General Rule for Tag Jdx

Answer 9

Out of state individual gets served/tagged with the lawsuit while in the forum state (even if only in the forum state temporarily, it is enough to establish personal jurisdiction). **Does not apply to corporations.

Question 10

Bright Line Rule:

Answer 10

If the Defendant has been served with process while in the forum state, that is enough to establish PJ, regardless of how long he has been in the state.

Question 11

Justice Brennan Purposeful Availment Test:

Answer 11

Did the defendant purposely avail himself of the benefits and protection of the forum state?

Question 12

Force Fraud Exceptions:

Answer 12

can’t use force to bring to the forum state

Question 13

General Rule for Consent

Answer 13

defendant can consent to personal jdx even if defendant has valid objection to personal jdx (different from SM jdx where parties can’t consent)

Question 14

What are types of clauses in a contract that affect procedure? (Contractual Consent)

Answer 14

Choice of Law

Consent to Jdx

Forum Selection Clause

Question 15

Choice of Law

Answer 15

Specifies the substantive body of law that will be applied to the dispute (but doesn’t say where suit will be brought)

Question 16

Consent to Jdx

Answer 16

Consent to jurisdiction clauses permit but do not require that the suit be brought in the consented to place

Question 17

Forum Selection Clause:

Answer 17

Forum selection clauses limit the forum to a single, exclusive location where a lawsuit must be filed

Question 18

Waiver General Rule

Answer 18

Defendant must make a timely challenge to dismiss the case for lack of personal jurisdiction or D will waive his right to object to suit on the grounds of lack of personal jurisdiction.

Question 19

How to challenge personal jurisdiction

Answer 19

• relate to subject matter jdx
• doesn’t have personal jdx
• rule of consolidation
• only one rule 12 motion
• can’t bring up anything they previously waived

Question 20

Rule of Consolidation

Answer 20

aka the right to join: Defendant can combine all the rule 12 defenses in one pre-answer motion to dismiss

Question 21

Special Appearance Procedure

Answer 21

• Challenging jurisdiction in the special appearance by making a motion to dismiss for lack of personal jurisdiction
• The motion to dismiss for lack of personal jurisdiction must be the first response to the complaint
• Special appearance immunizes the defendant from tag jurisdiction

Question 22

Long Arm Statute

Answer 22

“Long arm statute in Forum State (whether WM or Bullocks), reaches to the limits of the federal constitution. And therefore whatever satisfies minimum contacts and reasonableness satisfies the long arm statutes”

Question 23

Substantial, continuous, and systematic contact

Answer 23

o Substantial: revenue generated by the business in the forum state (Daimler)
o Continuous: the length of time doing business in the forum state
o Systematic: method by which the corporation does its business in the forum state

Question 24

Specific Jdx - Rule

Answer 24

A state can have specific jdx over the D if the claim arises out of or relates to the D’s contacts with the forum state (contact must demonstrate purposeful availment).

Question 25

Purposeful Availment

Answer 25

Purposeful availment is a conscious/voluntary/avoidable decision to interact with the forum state and benefit of forum state’s laws or market, could reasonably anticipate being sued in forum state.

Question 26

BK Factors (Breach of K)

Answer 26

* (1) Prior Negotiations * (2) Contemplated future consequences: What expectations do the parties have with respect to the contract * (3) Terms of the contract * (4) Course of the dealings

Question 27

Tests for Stream of Commerce/Chain of Distribution/Products Liability

Answer 27

Awareness/Awareness Plus Test

Question 28

Awareness Test:

Answer 28

If a Defendant is aware and knows that its products, through the stream of commerce, have entered the forum state and are being sold in the forum state, then Defendant is receiving a benefit forum the state through the sales of its products, so it is enough to subject Defendant to personal jurisdiction in the forum state.

Question 29

Awareness Plus Test

Answer 29

Defendant must have knowledge and be aware that, through the stream of commerce, its products are being sold in the forum state PLUS Defendant must engage in additional conduct showing an intent or purpose to serve the forum state market. (i.e. If D designs products for the forum state market, advertises, markets, provides customer call/help centers,if it establishes channels for providing regular advice to customers in the forum state, if D markets the product through a distributor who had agreed to serve as the sales agent it the forum state)

Question 30

Test for Internet Activity

Answer 30

Zippo Sliding Scale Test

Question 31

Zippo Sliding Scale Test

Answer 31

The Zippos Sliding scale test analyzes web pages on a scale to passive websites (where only info is provided and no interactivity between user and host) to virtual brick and mortar business.

Question 32

Passive Websites:

Answer 32

For passive websites, there is no purposeful availment because information is just being posted and the activity is specifically aimed to target certain places.

Question 33

Virtual Brick and Mortar Business:

Answer 33

If the website is a virtual brick and mortar business, then the Defendant is subject to personal jurisdiction in the forum state. (functions as a virtual storefront, offers products for sale, ppl can buy products, it has subscribers from the forum state, marketing products in forum state, completing and conducting transactions to forum state customers, etc)

Question 34

Gray Zone:

Answer 34

The gray zone is where there is some interactivity between the user and the host. To determine if there is purposeful availment, look at o (1) the level of interactivity between the user and the host, to see o (2) whether the interactivity is commercial or noncommercial in nature. (marketing, promoting, selling). o If it leans commercial, then there is purposeful availment.

Question 35

Test for Intentional Torts

Answer 35

Calder Effects Test

Question 36

Calder Effects Test

Answer 36

1. D committed intentional act (not accidental) 2. Intentional act must have been potentially harmful to the plaintiff 3. Targeting element: D knew or should have known that harm to the plaintiff would be centered in the forum state

Question 37

Reasonableness Factors

Answer 37

* (1) Defendant’s Burden * Plaintiff’s Interest * Forum state interest * Procedural efficiency * Substantiative interests of the several