Personal Jurisdiction

what is personal jurisdiction?

court’s power over parties to enter judgment in a case that will resolve a dispute

what is the purpose of PJ?

protects the defendant from difficulty defending a lawsuit in a distant or inconvenient forum

what are the 2 types of PJ

general and specific

what is general aka home/all purpose jurisdiction?

allows any claims to be heard in place where plaintiff is domiciled

what does domicile mean?

having a presence in a state and intending to remain in a state indefinitely

when are corporations “at home”?

in the state of their incorporation (founded) or their principal place of business

or when contacts with a state are continuous and systematic with a state so that it is essentially at home

what does the Int’l Shoe Test do

allows a person who is not present/domicile in a state to have an action if he/she has min. contacts in the forum

2 parts of the shoe test

min contacts (think Volkswagon case)

does not offend substantial justice

what is the minimum contacts test in general jurisdiction?

claim and contacts are not related but the court still has jurisdiction for ANY claim because there are SO MANY contacts it could be considered at home

what is the minimum contacts test in specific jurisdiction?

contacts in forum ARE related to the claim and the court can have jurisdiction over the nonresident for claims related to those contacts in the forum

what does it mean for jurisdiction to not offend substantial justice?

fairness test under due process

• would this jurisdiction overly burden the defendant

• what are the interests of all the parties?

• is there judicial efficiency?

what is specific or purposeful contacts jurisdiction?

allows for claims related to specific contacts in a state

what is required for there to be specific PJ?

defendant must purposefully avail itself of the chance to do business in the state

plaintiffs suit must arise our of or relate to defendants in state activities (relatedness requirement)

how can one consent to PJ

by contract, statute or failure to challenge PJ

what does it mean to consent to PJ via contract?

parties expressly include a choice of forum in contract which when signed consents to PJ in that state were a claim to arise

what does it mean to consent to PJ via statute?

party may be deemed to have consented if a statute expressly states a specific conduct counts consent (i.e registering, having a license)

what does it mean to consent to PJ via failing to challenge

party is deemed to have waived consent by failing to assert a challenge against the forum

how is notice related to PJ?

Pennoyer test

• party must have proper notice of suit and must be raised in correct state to have PJ