Personal Jurisdiction

Question 1

Personal Jurisdiction

Answer 1

The ability of a state or federal court to exercise power over a particular defendant. (ask yourself whether the court has the authority to decide the case between the PARTIES before it)

Question 2

Specific Jurisdiction

Answer 2

Defendant’s conduct within the forum provides the basis for the lawsuit. (the lawsuit arises from the defendant’s activities.

Question 3

Minimum Contacts (MC)

Answer 3

non-resident has purposely availed (targeted state) itself of benefits of forum state law and the cause of action arises out of defendant’s contacts with the forum state, minimum contacts have been met sufficient for forum state jurisdiction over non-resident defendant.

Question 4

Reasonableness

Answer 4

Assertion of jurisdiction must not offend the traditional notions of fair play and substantial justice (must be analyzed after Minimum Contacts)

Question 5

Minimum Contacts test for Contracts

Answer 5

1. Prior negotiations
2. Terms of Contract
3. Course of Dealings
4. Future Consequences

Question 6

Minimum Contacts test for for Stream of Commerce

Answer 6

O'Connor: stream of commerce and intent
     - Designing for product, 
       Advertising in forum 
        state, establish 
        Disturbing chains, 
        Setting up service 
        systems (DADS)
Brennan: stream of commerce and knowledge
      - Awareness

Question 7

Reasonableness Test

Answer 7

1. Burden on the defendant (expenses, ability for witnesses/evidence
2. State’s interest in it
3. Plaintiff’s interest
4. Most efficient place
5. Interstate system’s interest in obtaining most effective place

Question 8

General Jurisdiction

Answer 8

D’s “systematic and continuous activity” conduct within forum warrants asserting jurisdiction over D for any and all matters, even if matters are not connected with the D’s activity. and “essentially at home” (there is no reasonableness factor)

Question 9

Systematic and Continuous

ACE, BRR, ShOP

Answer 9

ACE: Authorized to do business, Contracts, Employees
BRR: Business-solicited, Real Estate, Records
ShOP: Shareholders, Office, Products

(must meet all to be essentially at home)

Question 10

Long Arm Statutes

Answer 10

Purposes:
1. declare what circumstances a state can assert
Personal Jurisdiction over non-residents
2. Provide service of process for non-residents

(if long arm statute doesn’t reach then the case is over because there is no Personal Jurisdiction, if the long arm does reach, then need to analyze whether the forum has specific or general jurisdiction)

Question 11

Effects Test

Answer 11

1. Intentional Action
2. expressly aimed at the forum state
3. knowledge that the brunt of the injury would be felt in the forum state