Personal Jurisdiction

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9 Terms

1
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First Set of Tests

  1. Domicile

  2. Presence

  3. Consent (appearing in lawsuit without object counts as consent)

2
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Second Test

Long-arm statute - need both statute and ties (constitutional requirements of due process)

3
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Constitutional Analysis

  • Minimum Contacts

  • Foreseeability

  • Fair play and Substantial Justice

4
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How to achieve Minimum Contacts

  • General Jurisdiction

  • Specific Jurisdiction

5
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General Jurisdiction for Individual

  • where individual is domiciled

6
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General Jurisdiction for Corporation

  • Where it is incorporated as well as

  • It’s principle place of business 

7
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Specific Jurisdiction

  • Purposeful availment

8
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Fair Play and Substantial Justice Test

  1. Relatedness of the contact and forum

  2. Convenience of the parties and the witnesses

  3. State’s interests in providing a forum

9
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Full Test for Personal Jurisdiction

  1. Traditional Bases (Domicile, Presence, Consent)

  2. Long-Arm Statute

  3. Constitutional Analysis: (Purpose Availment, Foreseeability, Fair play and Substantial Justice)