PJ Bar Prep

Question 1

Personal Jurisdiction (PJ) is the power over what?

Answer 1

The parties

Question 2

Where does the two-step PJ analysis apply?

Answer 2

In federal and state courts

Question 3

Two-step PJ analysis

Answer 3

(1) does the exercise of PJ fall within a state statute?
(2) is the exercise of PJ constitutional?

Question 4

State statutes that grant PJ over nonresidents

Answer 4

Long-arm statutes

Question 5

Two types of long-arm statutes

Answer 5

(1) Courts can exercise PJ to the full extent of the constitution
(2) Specified situations where courts can exercise PJ (committing a tort within the state, entering into a contract within the state)

Question 6

Constitutional PJ Analysis (three steps)

Answer 6

(1) Contact with the forum
(2) Relatedness
(3) Fairness (Specific PJ only)

Question 7

Contact with the forum

Answer 7

(1) Purposeful availment
(2) Foreseeability

Question 8

Purposeful availment (contact element)

Answer 8

A voluntary act; the defendant must reach out to the forum, and the contact must result from this targeting of the forum

Question 9

T or F: Defendant needs to be physically present in the forum state to meet the purposeful availment element of contact

Answer 9

False, physical presence is not required.

Contact can be an email, marketing, maintaining an interactive website in the forum

Question 10

Foreseeability (contact element)

Answer 10

Is it foreseeable that the defendant would be haled to court there (could be sued in the forum)?

Question 11

Relatedness

Answer 11

Does plaintiff’s claim against defendant arise out of or relate to defendant’s contact with the forum?

It clearly arises out of the contact if defendant’s contact caused harm to the plaintiff

Question 12

What if the defendant’s contact did not clearly cause the injury to the plaintiff?

Answer 12

Relatedness is satisfied if the claim merely relates to defendant’s contacts with the forum

Question 13

What is the next step if relatedness is met?

Answer 13

Jump to the fairness analysis

Question 14

What is the next step if relatedness is not met?

Answer 14

Assess general PJ

Question 15

General PJ

Answer 15

Defendant must either:
(1) be at home in the forum; or
(2) must have registered to do business in the state and have appointed an agent of for service of process there

Question 16

Where is “home” for humans?

Answer 16

“Home” is where she is domiciled

Question 17

What if the defendant is served with process in the state?

Answer 17

The court has general PJ when she is served with process in the state (tag jurisdiction)

Question 18

D is domiciled in Texas but is voluntarily present in Oklahoma when served with process for suit filed in Oklahoma. Does tag jurisdiction apply?

Answer 18

Yes

Question 19

Where is a corporation subjected to general PJ?

Answer 19

(1) The state in which it is incorporated (all states it is incorporated; AND
(2) The state in which it has its principal place of business (PPB)

Question 20

Fairness (Specific PJ only, 3 things examined)

Answer 20

(1) Burden on the defendant and witnesses
(2) State’s interest
(3) Plaintiff’s interest

Question 21

Burden on defendant and witnesses

Answer 21

• Does not have to be the most convenient forum for defendant
• Even if it is hard for defendant to travel to forum and get all witnesses to forum, forum is constitutionally ok unless the defendant can show it puts her at a severe disadvantage in the litigation
• Relative wealth of the parties is not determinative

Question 22

State’s interest

Answer 22

• State’s interest in protecting its citizens and applying its laws
• Always mention the state’s interest in essay question

Question 23

Plaintiff’s interest

Answer 23

Plaintiff may be injured in the forum state and/or wants to sue at home