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What is Personal Jurisdiction?
The ability of a court to exercise power over a particular defendant or item of the property.
In personam definition
Jurisdiction over the person herself. A judgment against this person creates a personal obligation for the full amount of the judgment
In rem definition
Jurisdiction over the property in an action to determine the ownership of the property itself
Quasi in rem I definition
Jurisdiction over the property in an action to determine the ownership of the property itself as between and among the parties to the case
Quasi in rem II definition
Jurisdiction over the property owned by a party to a dispute that is unrelated to the ownership of the property. A judgement in this case is valid only to the amount of the value of the property.
Define the role of statutes
There must be a forum-law basis for exercising personal jurisdiction
Common law
Statutes
Each sovereign has its own laws
Review: Pennoyer v. Neff
“Power Theory” of Jurisdiction
State sovereignty supports jurisdiction over persons and property within a state’s boarders (territorial power)
State sovereignty also limits ability of states to assert power over persons and things outside of its borders (comity)
Quasi-in-rem II cases: Property must be attached at the outset of a suit
Key Takeaway: There are 2 ways a forum can have PJ
Presence in the forum
Consent to jurisdiction
What are examples of implied consent to personal jurisdiction?
Corporate registration statutes
If a corp. is required to register in a state to do business, they may be implicitly consenting to PJ in the state they wish to do business in
Non-resident motorist statutes
By driving in a state, you consent to PJ. You will also be appointed the forum state’s registrar as your agent
Review: International Shoe
Establishes minimum contacts as constitutional limit on exercise of PJ
Characterizations of minimum contacts
“Neither irregular nor casual”
“Systematic and continuous”
Resulted in a high volume of interstate commerce
Formed the basis of:
General Jurisdiction
Specific Jurisdiction
What is General Jurisdiction?
Jurisdiction over any claim in any lawsuit
Defendant can be sued in the forum from a claim that arose anywhere in the world
What is Specific Jurisdiction?
Jurisdiction for claims and lawsuits arising out of specific contacts with the forum state
There must be relatedness
Review: McGee and Hanson
A single contact with the forum state is enough for PJ if
Contact is purposeful and
Bears a strong relationship to the basis of the lawsuit (specific jurisdiction)
However, contacts with the forum state that are the result of the unilateral acts of the plaintiff are insufficient (Hanson)
Review: World-Wide Volkswagen Corp. v. Woodson
Foreseeability of product in the forum state is not enough. Defendant must purposefully avail itself of doing business in the forum
World-Wide Volkswagen Fairness Factors
Litigation in the forum burdensome to defendant?
Forum state’s interest in adjudicating the dispute?
Plaintiff’s interest in obtaining convenient and effective relief?
The interstate judicial system’s interest in obtaining the most efficient resolution of controversies
The shared interest of the states in furthering “fundamental substantive social policies.”
Is a contract enough to establish PJ?
In the Burger King case, the Supreme Court determine the franchise agreement was enough
Outside of trainings Defendant attended in Miami, Ds did not have physical presence in FL (did not physically enter forum)
Review: Asahi v. Superior Court Theories of Minimum Contact
Brennan: There is purposeful availment. If you put your product into the stream of commerce, you can reasonably anticipate it will reach another state
O’Connor: You need more than a product entering a forum state to constitute purposeful availment. You need an intent to serve another state’s market when the product enters the state
Stevens: We should be looking at the volume, value, and the nature of goods in the stream of commerce
Review: J.McIntyre v. Nicastro Stream of Commerce Approach
Stream of Commerce Approach—jurisdiction over foreign manufacturer appropriate “so long as 'manufacturer knows or reasonably should know that its product is distributed through a nationwide distribution system that might be sold in any of the 50 states”
US Supreme Court did not settle test for “stream of commerce” approach-still unclear due to plurality opinions
Review: J.McIntyre Due Process Consideration
Defendant must have sufficient contacts with sovereign (forum state) to not offend “traditional notions of fair play and substantial justice”
Defendant must purposefully avail itself of “privilege of conducting activities within forum state, invoking benefits and protections of forum’s laws”
It is Defendant’s purposeful availment that makes jurisdiction satisfy Due Process
Examples that support general jurisdiction
Explicit consent
Presence within state at the time of service of process (tag)
Citizenship or domicile in state
Incorporation or principal place of business for a corporation
Implied consent based on some states’ corporate registration statute
General Jurisdiction over Humans
A human being is subject to general personal jurisdiction where she is at home (domicile)
General Jurisdiction over Corporations
General jurisdiction is proper over a corporation where it is at home
Where is a corporation “at home”?
State of incorporation
State where it maintains principal place of business (PPB)
Where managers of business make management decisions
These can be the same or different states
For specific jurisdiction, the plaintiff’s claim must (BLANK) or (BLANK) the defendant’s contact with the forum state
Arise out of; relate to
What does “arise out of” require?
This type of specific jurisdiction requires Plaintiff’s harm be caused by Defendant’s contact with the forum
What does “relate to” require?
This type of specific jurisdiction does not require causation, just some relationship between harm and Plaintiff and the Defendant’s contacts with the forum
Review: GoodYear
Court changed focus for general jurisdiction—not enough to have substantial or continuous and substantial contact—must be SO continuous and systematic to be “at home” in the forum
General jurisdiction cannot be based on stream of commerce theory
Review: Daimler
Clarifies the difference between “continuous and systematic” contacts and claim based on those contacts (specific jurisdiction) v.
“Affiliations with the State [that] are so ‘continuous and systematic’ as to render [it] essentially at home in the forum state” to be sued on any claim (general jurisdiction)
Why was Specific Jurisdiction recognized in Ford and not in the Bristol-Myers Squibb case?
BMS: Non-CA residents had no contact with forum, claims did not arise out of or relate to defendant’s contacts with the forum
Ford: Claims arose out of or related to defendant’s contacts in forum
Rules of Specific Jurisdiction - 2 sets of values
Fairness and Due Process
Jurisdiction over a Person (specific types)
Specific
General - domicile
Consent/voluntary appearance
Tag/transient presence
T or F: Property in forum is predicate for jurisdiction
True
True in rem involves a dispute over what?
ownership of the property which is the jurisdictional predicate (determines ownership as to every person in the world)
What is Quasi-in-rem I
Adjudicates ownership of the property that is used as the jurisdictional predicate between the parties to the case (who, among parties in the case, wins the property)
What is Quasi-in-rem II
Not an issue as to who owns the property-the property is relevant only as a jurisdictional predicate because the plaintiff cannot get in personam jurisdiction over the defendant; the dispute might be about anything else unrelated to ownership of the property
Review: Shaffer v. Heitner
Concluded that all assertions of state-court jurisdiction must be evaluated according to the standards set forth in International Shoe and its progeny
Prior to this case, no need to assess minimum contacts and due process fairness if jurisdiction predicate based on property in forum - quickly narrowed in subsequent cases
Review: Burnham case
In this case, the Supreme Court upheld personal jurisdiction based solely on the fact that the defendant was physically in the state when served with process
Tag jurisdiction basis for general jurisdiction based on presence in and service in Forum
Burnham Opinion Roadmap
Because the vote was split, it would be good to argue both sides of the issue on a quiz/test

Consent is a _______ ____ of jurisdiction
traditional basis
Choice of Forum Clauses
A valid and exclusive* forum selection clause confers personal jurisdiction on the parties in the chosen forum
A valid and exclusive* forum selection clauses precludes the exercise of personal jurisdiction in every other forum
* some states will not enforce non-exclusive forum selection clauses
Parties invoke the ____ __ ___ ____ by appearing in the lawsuit; (BLANK)
Power of the court; (general appearance)
In what case do we learn that almost all plaintiffs consent to jurisdiction, including to the defense of counterclaims?
Adam v. Saenger
T or F: Consent to litigate jurisdiction in a special appearance does not constitute consent to PJ for the issue of PJ
False
Courts Interpreting Corporate Registration Statutes: Confers General Jurisdiction
Based on consent
Consent is a traditional basis for general jurisdiction - no need for analysis of minimum contacts
Consent satisfies Due Process
Courts Interpreting Corporate Registration Statutes: Confers Specific-Jurisdiction over in-state business activities
Consent for actions arising from business conducted in forum
Would essentially satisfy minimum contacts
Courts Interpreting Corporate Registration Statutes: Is only a procedural mechanism for ensuring service of process - but no jurisdictional effect
Must do independent analysis of constitutional basis of jurisdiction
Review: Mallory case
Court said defendant can waive its right explicitly or implicitly by consenting to litigate future disputes in a particular state forum
What are the 3-prongs of the “express aiming test” and what case was it based on?
Intentional tort
Defamation
Targeted at plaintiff and forum state
Based on Calder v. Jones case (Nevada/ATL airport case)
How PJ Works: States have (roughly) three types of “power” that they exercise over people and things. What are they?
Prescriptive jurisdiction: Power to make laws, rules, norms within that forum
Adjudicative jurisdiction: Power to hear disputes and issue binding judgments
Enforcement jurisdiction: Power to ensure compliance with the laws and enforce judgments
Personal jurisdiction requires (BLANK) by which the state exercises jurisdiction over persons or things
affirmative rules
common law rules
enacted law
T or F: Personal jurisdiction may be permissible under the Constitution but not authorized by state law
True
T or F: Personal jurisdiction may be authorized by state law but its exercise would violate the due process clause(s) of the constitution
True