Civ Pro - Personal Jurisdiction

What are the steps of PJ inquiry?

!. Statutory Analysis

II. Due process analysis

What are the steps of due process analysis?

1. minimum contacts

2. relatedness to cause of action

3. purposeful availment

4. fairness factors

What is personal jurisdiction?

The power to speak the law over the parties

Where does a court have general Jd over an individual?

1. where they’re domiciled

   1. served with process in the forum state ( passing scalia and brennan tests)

What is the Scalia general Jd test?

Was the D present in the forum and served with process (not by force or fraud)

What is the Brennan test for general Jd?

full minimum contacts analysis including purposeful availment and 5 fairness factors

What are the 3 parts of due process analysis

1. minimum contacts

2. purposeful availment

3. five fairness factors

What are the steps for minimum contacts analysis?

I. what are Ds contacts with the forum state?

II. are those contacts related to the cause of action?

what are the steps for purposeful availment analysis?

I. Did D purposefully avail themselves of the privilege of conducting activities in the forum state?

What are the fairness factors?

1. burden on the D

2. forum states interest in adjudicating the dispute

3. Ps interest in convenient and effective relief

   1. interstate judicial systems interest

At what part of the inquiry is general Jd considered?

During the minimum contacts analysis phase

What happens if during contacts analysis you find that a company is incorporated/has their PPB in the forum, or an individual is domiciled in the forum?

there is general in personam Jd and the inquiry ends

what happens if during the contacts cause of action analysis you determine the contacts are not related to the CoA?

There is no specific jurisdiction and the inquiry ends

what happens if during the contacts cause of action analysis you determine the contacts are related to the CoA?

You move on to purposeful availment analysis

What are the different personal availment tests?

1. stream of commerce

2. Be2

3. Calder effects

   1. Burger King

What PA test do you use in an E-commerce case where the site is not hosted in the forum state?

Be2

What PA test do you use for a breach of contracts case?

Burger King

What PA test do you use for a products liability case where the product has traveled through multiple forums?

Stream of commerce

What PA test do you use for an intentional torts case?

Calder effects test

How do you conduct the PA stream of commerce test?

1. O’connor test

   1. Placing goods into the stream of commerce, AND

   2. An action by D purposefully directed toward the forum state that indiciates an intent or purpose to serve the market in the forum state

2. Brennan test

   1. Placing goods into the stream of commerce, AND

   2. Awareness that the goods are being marketed in the forum state

How do you conduct the PA Be2 test for e-commerce?

1. did the D target/purposefully exploit the forum?

How do you conduct the PA calder effects test?

If in an intentional tort D acts outside the state and causes effects within the state if the act was:

1. intentional

2. aimed at the forum state, AND

3. caused harm that:

   1. Was suffered in the forum state, and

   2. The D knew it was likely to be suffered there

How do you conduct the PA burger king test in a breach of contract case?

consider the following:

1. K negotiations and contemplated future consequences/event

2. K terms (choice of law clause, choice of forum clause that can be dispositive)

   1. Parties course of dealing during the performance of the Ks