PJ

Question 1

Personal Jurisdiction is the courts power over the …

Answer 1

Parties

Question 2

The court has PJ over plaintiff…

Answer 2

because the plaintiff filed the case, the court has automatic PJ.

Plaintiff consents to PJ.

Question 3

PJ - 2 step Analysis

Answer 3

The exercise of PJ must first fall within a state statute (long arm statute), and
the exercise of PJ must satisfy the Constitution (due process).

The analysis is the same in federal and state court.

Question 4

PJ Step 1: Statutory Step (long arm statute)

Answer 4

Each state has its own statute governing PJ (called long arm statute).

Some states, the long arm statute authorizes courts to exercise PJ to the full extent permitted by the Due Process Clause of the Constitution, effectively merging the statutory and constitutional analyses.

Some states, the statute provides a specific list of acts—such as committing a tort in the state or transacting business there—that permit the exercise of PJ over nonresidents.

Question 5

PJ Step 2: Constitutional Analysis

Answer 5

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

Factors: Contact, relatedness, and fairness.

Question 6

PJ Constiutional Anslysis Factor (1) Contact

Answer 6

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

Purposeful availment and foreseeability.

Purposeful availment: The contact must result from the defendant’s purposeful availment, aka voluntary acts. Contact must result from the defendant targeting the forum.

Forseeability: Is it forseeable that the defendant could be sued in the forum?

Question 7

PJ Constiutional Anslysis Factor (2) relatedness

Answer 7

Ask: Does Plaintiff’s claim arise from or relate to Defendant’s contact with the forum?

If “yes,” the case involves “specific PJ.” – jump to analysis of fairness (specific PJ ONLY)

If “no,” the only way to proceed is if the court has “general PJ.”

General PJ; if plaintiffs claim doesnt arise out of or relate to defendants contacts, defendant can still be sued in the forum on a claim if the defendant is (1) at home in the forum or (2) have a refistred to do business in the state AND have appointed an agent for service of process there (this only works if the state law authorizes generarl PJ under those circumstances)

“at home”
Individuals = domiciled
Corporations (1) The state in which it is incorporated; and (2) the state in which it has its principal place of business (“PPB”).

“tag jurisdiction.” The court also has jurisdiction when the defendant is served with process in that state

Question 8

PJ Constiutional Anslysis Factor (3) Fairness (Specific PJ only)

Answer 8

Ask: Whether PJ would be fair (or reasonable) under the circumstances.

(1) Burden on the defendant and witness: Forum is constitutionally OK unless defendant can show that it puts her at a severe disadvantage in litgation (hard burden to meet- relative wealth of parties is not determinative)

(2) State interest: The forum state has an interest in providing justice for its citizens who are harmed by out-of-state defendants

(3) Plaintiff Interest: The plaintiff is maybe injured in the forum state and/or wants to sue at home.