Civ Pro PJ Analysis

Is there personal jurisdiction?

Personal jurisdiction refers to the authority that any court in the state (state or federal court) has to hear this case involving the defendant.

The Constitutional basis for personal jurisdiction is derived from the 14th Amendment's Due Process Clause.

Under Pennoyer, courts consider three distinct themes of modern personal jurisdiction: consent, power, and notice. Generally speaking, the formula is consent, or, power + notice.

Is there a state statute authorizing personal jurisdiction? If yes, would exercising jurisdiction be constitutional under due process?

Long-arm statutes allow states to exercise jurisdiction beyond their borders under specific circumstances and compliant with due process. Long-arm statutes vary from state to state in terms of application and scope.

Is there consent?

A court may exercise personal jurisdiction based on consent. For individuals, consent may be express through agreements or implied through conduct. For corporations, consent may arise through compliance with state registration statutes or by conducting business within the state.

Contract law applies in determining the validity of consent. 

If no consent present, we proceed to a Constitutional power analysis. 

Does the exercise of personal jurisdiction here comport with the Due Process Clause of the 14th Amendment?

Traditional Basis

Is there a sufficient connection between the Defendant and the forum state?

1. Is the Defendant domiciled in the forum state?

-Individual= Domicile 

-Corporation= Primary place of business or incorporation 

2. Has the Defendant been served in the forum state?

-Individual= Physically present in the state at the time of service

• Burnham “Tag” jurisdiction if applicable

-Corporation= Corporation served in the state at the time of service

3. Has the Defendant consented to service in the forum state?

• See above consent analysis.

Modern Basis

Minimum contacts - Does the Defendant have sufficient “minimum contacts” with the forum state?

• Under International Shoe, contacts must meet traditional notions of fair play and substantial justice.

Contacts

Purposeful availment - Has the Defendant purposefully availed themselves of privilege of conducting activity in the forum state, thus invoking the benefits and protections of its laws? 

• Travel frequently

• Contract agreement (Burger King) 

• Stream of commerce 

Foreseeability - Are the Defendant’s activities and connection to the forum state such that they should reasonably anticipate being hailed into court there?