Personal Jurisdiction

Question 1

What is personal jurisdiction about?

Answer 1

The court’s power over the parties.

Does the D have sufficient contacts?

Question 2

PJ Two-Step Analysis

Answer 2

1. must first fall within a state statute
2. the exercise of PJ must satisfy the constitution.

Question 3

Statutory Step

Answer 3

Each state has its own statutes for PJ. Among these, each state has a “long arm” statute granting PJ over nonresidents who perform or cause certain things within the state.

Question 4

For the constitutional analysis we ask:

Answer 4

Does the defendant have such minimum contacts with the forum so jurisdiction does not offend traditional notions of fair play and substantial justice?

Question 5

What are the two factors important for “contact?”

Answer 5

1. Purposeful availment
2. foreseeability

Question 6

for relatedness we ask:

Answer 6

Does plaintiff’s claim arise from or relate to Defendant’s contact with the forum?

Question 7

Fairness (Specific PJ Only)

Answer 7

For fairness, we assess whether PJ would be fair (or reasonable) under the circumstances. The fairness factors are addressed in specific PJ cases only.

Question 8

In a specific PJ case, how do we determine if PJ is fair?

Answer 8

1. burden on the defendant and witnesses
2. state’s interest
3. plaintiff’s interest