Personal Jurisdiction CP

Civil Procedure Critical Pass Questions

What analysis should be used to analyze PJ? Under what two different authorities must PJ be proper?

Analysis: JX must be statutorily authorized and constitutional

-Statutory: An applicable state law must authorize jx

-Constitutional: JX must satisfy due process

What type of JX involves the court’s ability to exercise authority over parties or property?

Personal Jurisdiction (PJ) involves the court’s ability to exercise authority over parties or their property.

What allows a court without PJ to determine disputes involving people when property is attached in the forum state?

Quasi in rem: Permits a court without PJ to determine certain types of disputes between P and D when property is located in the forum state.

What is in rem jurisdiction?

In rem: JX over property or status, including ownership disputes.

-Court adjudicate rights of parties with respect to property located in forum state.

What type of PJ is based on an individual’s contacts with the forum state?

In personam: JX over persons

-Court may render judgment (money or injunction) against an individual based on contacts with the forum state.

Can a court exercise PJ over a D who is domiciled in the forum state but not present in the forum state when served?

Domicile:

-Court can exercise jx over domiciled persons even if they are not physically present when served.

What is a long-arm statute? To what extent does a general/unlimited long-arm statute grant state courts PJ?

Long-arm: D’s acts fall within state’s long arm statute.

-Most common

-General/unlimited long-arm statute-confers state’s courts with JX to the extent allowed by the Constitution.

What constitutes domicile for purposes of PJ?

Domicile= D maintains permanent home in forum state.

In What ways do most state statutes grant that state’s courts in personam jurisdiction?

Most state statutes grant court in personam jx if:

a. Service of process: D is personally served in forum state.

b. Domicile: D is domiciled in the forum state

c. Consent

d. Long-arm

What factors determine whether a court’s exercise of PJ offends notion of fair play and substantial justice?

Fair play & substantial justice: given D’s contacts, exercise of JX must not offend these notions; inquiry focuses on.

-Relatedness: Are D’s contacts related to the claim in the present action?

-Convenience: Would litigating the forum severely disadvantage D?

-State’s interest: Does forum state have an interest in providing redress for residents or an interest in the outcome?

What factors does the minimum contacts inquiry for PJ focus on?

Minimum Contacts: D must have sufficient minimum contacts with forum state; inquiry focuses on:

-Purposeful availment: Did D purposefully conduct activity in forum, thus invoking benefits and protection of forum’s laws?

-Foreseeability: Did D know of or anticipate being held accountable for her in-forum activities.

In analyzing whether a court’s exercise of PJ is constitutional, what factors/requirements must be considered?

Analysis: minimum contacts, foreseeability, fairness

-Minimum contacts

-Fair pay and substantial justice

-Notice

How would you articulate the constitutional limitation on the exercise of PJ on a bar exam essay?

To be subject to PJ, D must have such minimum contacts with the forum state that exercising JX does not offend traditional notions of fair play and substantial justice

To what extent may a non-retailer manufacturer’s products give rise to minimum contacts?

Putting goods into stream of commerce: It is unclear if manufacturer is subject to PJ if it knows or hopes products will wind up in a particular forum. Look for intentional targeting.

What factors would make a website more or less likely to have minimum contacts with a given forum?

Website: Interactive site are more likely to have requisite minimum contacts; passive sites less likely.

Is a website that sells merchandise in all states likely to have minimum contacts in a given state?

Website: Interactive sites are more likely to have requisite minimum contacts; passive sites less likely.

-Interactive: Two-way communication between user and operator (EG: information exchanged for the purpose of soliciting business; purchase allowed)

What is the focus on inquiry for determining whether PJ is foreseeable?

Foreseeability: D must know or reasonably anticipate that she could be held accountable for her activities in the forum state.

What is purposeful availment? For what purposes must it be considered?

Purposeful availment: D must purposefully act in the forum, IE reach out in a non-accidental manner

What role does a forum state’s interest play in determining whether exercise of PJ is fair?

State’s interest: Does forum state have an interest in allocating its limited resources to hearing this matter?

To what extent must the exercise of PJ be inconvenient to be unfair and unconstitutional?

Convenience: Would JX in forum severely disadvantage D?

Must be so inconvenient and difficult that D is inherently put at severe disadvantage compared to P.

To what extent can a D be sued in a forum state where general jurisdiction is established?

General JX

-If found, D can be sued for any claim arising in or outside of forum.

If a business is incorporated in State A and sued there, is jurisdiction more likely to be specific or general?

General JX

-D is “at home” in the forum state(incorporated or place of business in forum state)

What must be the nature of D’s contacts with the forum state to give rise to general jurisdiction?

General JX: Claims do not arise from or relate to D’s in-state contacts

-D is “at home” in the forum state (incorporated or place of business in forum state)

What determines whether jurisdiction in general or specific?

Relatedness of contacts and claims: Does P’s claim arise from or relate to D’s contacts with the forum state?

-Specific JX: claims arise from or relate to D’s in-state contacts

-General JX: claims do not arise from or relate to D’s in-state contacts

What is specific JX? What does it mean for claims that may be brought against D?

Specific JX: Claims arise from or relate to D’s in-state contacts.

-Minimum contacts must be established

-D can only be sued for claims arising from or relating to in-state contacts

When is D’s inaction considered consent?

Defendant also consent to JX by waiving the objection

-Defendant must raise the objection with their first appearance and litigate it promptly.

Are forum selection clauses enforceable?

Courts enforce these clauses unless the selected forum is remote and alien to the parties transactions.

What is the witness exception to personal jurisdiction through service?

Witness Exception: A defendant who is served while responding to a court subpoena.

What is the fraud exception to personal jurisdiction through service?

Fraud: A defendant who is served after being lured into the forum under false pretenses.

What are traditional satisfactory methods of providing sufficient noitce?

Methods: Traditional methods of notice satisfy due process.

-EG Personal delivery, registered mail, delivery to an appointed agent.

What is the constitutional notice requirements for PJ?

Requirement: Notice must be reasonably calculated under the circumstances to apprise interested parties of pendency of the action and afford an opportunity to be heard.