PJ

Question 1

Does court have power over a particular D or piece of property?

Answer 1

Two part inquiry:
1. Constitutional (Due Process)
a) minimum contacts (purposeful availment)
b) fairplay and substantial justice
2. Statutes (typically long arm)

Question 2

General In personam

Answer 2

-Court can hear any controversy bc D’s contacts with forum are so extensive
-Doesn’t require claim to arise out of D’s contacts with forum. Must be “at-home”
(People: Domicile, Corp: HQ/Inc. state)

Question 3

Specific In Personam: Due Process

Answer 3

-Minimum Contacts (intl shoe)
-Case arises out of those minimum contacts
-Purposeful availment of jurisdiction

Question 4

Specific in Personam: Fairness/Reasonableness

Answer 4

-Burden on D
-P’s interest in obtaining convenient + effective relief
-Forum state’s interest in
adjudicating the dispute
-Interstate judicial systems interests in efficient resolution
-Shared interest of states in furthering substantive social policy (sovereignty and fairness)

1. Burden
2. Strategy
3. State’s interest
4. Efficiency
5. Social Policy

Question 5

Specific: Arising out of (Stream of Commerce)

Answer 5

O’Connor – Stream of Commerce “Plus”
There must be some activity directed at the state, such as advertising or sending of replacement parts, before a contact exists

Brennan – Pure Stream of Commerce
When a D’s components are incorporated into a final product, the D has a contact with any forum where the D knows the final product is sold

Stevens – Middle Ground?
Should consider volume, value of sales, hazardousness of the product in assessing whether PJ is appropriate

Question 6

Long-Arm Statutes

Answer 6

-Essentially state passes a law saying when courts may exercise jurisdiction over a D
-Two common types of long-arm statutes:
oCalifornia’s: “We authorize PJ to the furthest reaches of Constitutional Authority”
oLaundry List: “We authorize PJ when a D has committed a tort”
In this Long-Arm statute carefully read what D has done
Analyze whether that action falls under the statutes enumerated pieces

Question 7

Waiver rule

Answer 7

If you make a special appearance in court you can only argue jurisdiction. As soon as one argues any merits of the case, you have waived your right to challenge jurisdiction

Question 8

Implied Consent

Answer 8

D fails to object to PJ in a timely manner OR forum selection clause of a contract

Question 9

In Personam Juridiction

Answer 9

Jurisdiction over D

Question 10

In Rem Jurisdiction

Answer 10

Jurisdiction over property or thing. Attached at beginning of litigation