Personal Jurisdiction

Question 1

Personal jurisdiction is the court’s power over the _______.

Answer 1

Parties

Question 2

What are the two steps of the PJ analysis?

Answer 2

(1) The exercise of PJ must fall within a state statute (state long-arm statute).
(2) The exercise of PJ must satisfy the Constitution (due process).

Question 3

What does a long-arm statute do?

Answer 3

Grants PJ over nonresidents who perform or cause certain things within the state.

Question 4

What are the two types of long-arm statutes?

Answer 4

(1) Grants PJ to the full extent of the Constitution; the statutory grant of PJ is the same as the constitutional test.
(2) Grants PJ in a laundry-list; specifies the situations where exercising PJ is statutorily authorized (e.g., committing a tort in state, entering into a K in state)

Question 5

What question do you ask for the constitutional analysis when determining whether exercise of PJ is proper?

Answer 5

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

Question 6

What are the three factors when determining whether exercise of PJ is proper under the constitutional analysis?

Answer 6

(a) CONTACT

(b) RELATEDNESS

(c) FAIRNESS (specific PJ only)

Question 7

Exercise of PJ Constitutional Test - What is the contact factor?

Answer 7

There must be relevant “minimum contacts” between D and the forum state.

SUBFACTORS

Purposeful Availment: D’s voluntary act reaching out or targeting the forum

Foreseeability: Is it foreseeable that D could be sued in the forum?

Question 8

Exercise of PJ Constitutional Test - What is the relatedness factor?

Answer 8

Does P’s claim arise from or relate to D’s contact with the forum?

If Yes - Specific PJ
If No - General PJ Only

If D’s contact did not clearly cause P’s injury, ask if D has substantial contact with the forum state? If so, the test is satisfied if the claim merely relates to the contacts.

Question 9

Exercise of PJ Constitutional Test - What is the fairness factor?

Answer 9

SPECIFIC PJ ONLY

Would PJ be fair or reasonable under the circumstances? Consider:

1. Burden on D + Witnesses (OK unless D shows the forum puts her at a severe disadvantage; relative wealth is not determinative)
2. State’s Interest (providing a courtroom for its citizens who are allegedly being harmed by out-of-state Ds)
3. P’s Interest (e.g., P is injured at home in forum state)

Question 10

When do we have to use general PJ? How does it work?

Answer 10

When the relatedness test is not satisfied.

If general PJ exists, D can be sued in the forum on a claim that arose anywhere in the world.

REQUIREMENTS - D must be…
(a) At home in the forum (DOMICILE); OR
(b) Registered to do business in the state and have appointed an agent for service of process there

Question 11

What is “tag jurisdiction?” Is it constitutional?

Answer 11

Tag jurisdiction is a type of PJ that allows a court to exercise PJ simply by being served with legal documents while present in the state.

Tag jurisdiction is constitutional.