Personal Jurisdiction

Question 1

What is personal jurisdiction?

Answer 1

Power of court over particular person

Question 2

What are the two main steps for asserting personal jurisdiction?

Answer 2

1. look at the state law
2. look at the 14th Amendment

Question 3

What do you ask about the state law to determine whether PJ may be asserted?

Answer 3

Could a state court under state law assert PJ over that party?

If yes, the federal court may assert PJ (subject to constitutional considerations); but if the state court could not assert, then federal court cannot assert PJ either

Question 4

What is the point of looking at the Fourteenth Amendment when analyzing whether a court has PJ?

Answer 4

Must determine whether the state law is constitutional under the Due Process Clause (DP) of the 14th Amendment

Question 5

What are the five ways in which a state law permissibly authorizes PJ?

Answer 5

1. residency
2. consent
3. service
4. minimum contacts
5. “at home” general jurisdiction

Question 6

How could residency allow a federal court to assert PJ?

Answer 6

If party is a resident (domiciled) of state where suit filed, PJ is constitutional

Question 7

How is residency determined for corporations?

Answer 7

Corporation is a resident of state(s) where incorporated and where it has its principal place of business

Question 8

How could consent allow a federal court to assert PJ?

Answer 8

A party can consent to PJ in three ways:
1. appearance: Party appears in court without objecting to PJ (must object to PJ in initial filing or first appearance before court)
2. Contract: If D Signed K with choice-of-forum clause = consent
3. Appointment: Some states require businesses to appoint agents located in state to receive process = consent

Question 9

How could service allow a federal court to assert PJ?

Answer 9

D served with process while in state where suit filed (tag)

This would not be constitutional if the P enticed or force D into the state OR D was in state to participate in a different legal proceeding

Question 10

How could minimum contacts allow a federal court to assert PJ?

Answer 10

i) D has established a minimum contact with the forum state (established if D causes harm in the state, does business, or has an interest in real property in the state)
ii) Claim against D arises from that contact, AND
iii) PJ wont offend traditional notions of fair play + substantial justice