Personal Jurisdiction

Question 1

What is personal jurisidiction?

Answer 1

A court’s ability to exercise power over a particular defendant or item of property.

Question 2

What are the limitations of personal jurisdiction?

Answer 2

It must be authorized by a state statute and by the Constitution.

Question 3

For the MEE, how must a federal court analyze any personal jurisidiction issue?

Answer 3

It must analyze it as if it were a state court in the jurisdiction. Thus, the federal court will use state’s long arm statute to determine if it can exercise PJ.

Question 4

What are the Constitutional restrictions on the exercise of personal jurisdiction?

Answer 4

1. Defendant must have such contacts with the forum state that the exercise of PJ is fair and reasonable; and
2. Defendant must be given appropriate notice of the action and an opportunity to be heard.

Question 5

Can the court exercise personal jurisdiction over third-party defendants and parties required to join under the compulsory joinder rules?

Answer 5

Yes, Rule 4 authorizes jurisdiction even without a state long-arm statute if the party is served within 100 miles from the place where the summons was issued.

Question 6

What are 4 common situations where a state statute grants its court PJ?

Answer 6

1. Where D is present in the forum and personally served with process;
2. Where D is domiciled in the forum state;
3. Where D consents to jurisdiction; and
4. Where D has committed acts that bring him within the forum state’s long arm statute.

Question 7

What is “domicile” and how does it classify under PJ?

Answer 7

Domicile refers the place where a person maintains her permanent home.

Domicile is the place where she has physical presence and the intent to stay indefinitely.

Question 8

In the MEE, what if the state statute is not provided?

Answer 8

Note that a state statute is needed and that I am going to assume that the statutory requirement has been satisfied.

Question 9

For MEE, what do you ask yourself about the defendant in a constitutional analysis for PJ?

Answer 9

Does the defendant have such minimum contacts with the forum such that the exercise of PJ over the would be fair and reasonable?

Question 10

What factors do you asses under the constitutional analysis of PJ?

Answer 10

1. Minimum Contact
2. Relatedness
3. Fairness

Question 11

What are the two factors under “minimum contacts”?

Answer 11

1. Purposeful availment:
   A voluntary act that reaches out to the forum and the contact resulted from that reaching out.
2. Foreseeability:
   Is it foreseeable that the D would be sued in the forum state?

Question 12

What is the question we ask under the “relatedness” factor of the constitutional analysis of PJ?

Answer 12

Does P’s claim arise out of or relates to D’s contact with the forum state?

If yes, then SPECIFIC PJ
If no, then GENERAL PJ

Question 13

When does the court have specific personal jurisdiction?

Answer 13

When P’s claim arises out of or relates to D’s contact with the forum state.

Question 14

When does the court have general personal jurisdiction?

Answer 14

When the D is “at home” in the forum or when the D is served with process in the forum.

Question 15

When is a corporation “at home” under PJ?

Answer 15

Where it is incorporated and where it has its principal place of business.

Question 16

What are the factors under “fairness” in the constitutional analysis of PJ?

Answer 16

(Applies to specific PJ only)

1. Burden on the defendant and witnesses
2. State’s Interest (to provide a forum for its citizens that were harmed by a n out-of-state D)
3. Plaintiff’s interest (to sue at home o in the forum where they were injured)