Midterm W 8

Personal Jurisdiction (PJ)

Concerns the court's authority over the defendant or the defendant's property.

14th Amendment Due Process Clause

Limits state court power over non-resident defendants.

Full Faith and Credit Clause

States must enforce valid judgments from sister states if the rendering court had proper jurisdiction.

Pennoyer Era

Established a strict territorial model for jurisdiction.

In Personam

Direct jurisdiction over a person based on physical presence, residence, or consent.

In Rem

Jurisdiction over property to resolve ownership claims.

Quasi In Rem Type I

Dispute directly involves attached property.

Quasi In Rem Type II

Involves attachment of local property for unrelated personal claims.

International Shoe Co. v. Washington (1945)

Established minimum contacts requirement for personal jurisdiction.

Minimum Contacts

The degree of connection between the defendant and the forum state.

Specific Jurisdiction

Exists when a claim arises out of the defendant's contacts with the forum.

General Jurisdiction

Allows a court to hear any claims against a defendant if they are 'at home' in the forum.

Purposeful Availment

Defendant must intentionally direct activities toward a forum state.

Hanson v. Denckla

Unilateral activity of plaintiff cannot create jurisdiction.

World-Wide Volkswagen Corp. v. Woodson

Foreseeability alone does not establish jurisdiction.

Stream of Commerce Plus Standard

Requires 'something more' than mere product placement for jurisdiction.

Brennan Stream Standard

Placing a product into commerce with knowledge it will reach the forum creates contacts.

Burger King Corp. v. Rudzewicz

Contractual contacts must be evaluated as a whole, not in isolation.

Bristol-Myers Squibb Co. v. Superior Court (2017)

Requires a direct connection between the forum and the specific plaintiff's claim.

Ford Motor Co. v. Montana Eighth Judicial District Court (2021)

Jurisdiction exists if the defendant purposefully cultivated the state market.

Fair Play & Substantial Justice

Five factors assessed to determine the reasonableness of exercising jurisdiction.

Goodyear Dunlop Tires Operations, S.A. v. Brown

General jurisdiction requires continuous and systematic affiliations with the forum.

Daimler AG v. Bauman

A corporation is 'at home' in the jurisdiction where it is incorporated or has its principal place of business.

Burnham v. Superior Court

Personal service on an individual present in the forum satisfies due process.

Shaffer v. Heitner (1977)

Overruled Pennoyer's quasi in rem rules; jurisdiction must meet minimum contacts analysis.

Consent & Waiver Mechanisms

Defendants can consent to jurisdiction explicitly or through conduct.

Forum Selection Clauses

Contracts specifying a particular forum as the venue for legal disputes.

Long-Arm Statute

State statutes that define the extent of personal jurisdiction over out-of-state defendants.

FRCP 4(k)(1)(A)

Federal courts may exercise personal jurisdiction based on state court general jurisdiction.

FRCP 4(k)(1)(B) '100-Mile Bulge Rule'

Allows specific jurisdiction for joined parties served within 100 miles of the federal courthouse.

Notice Requirement

Constitutional requirement that must adequately inform parties of legal actions.

Mullane v. Central Hanover Bank & Trust Co.

Notice must be reasonably calculated to inform interested parties.

Service Requirements (FRCP 4)

Must serve the summons and complaint together within 90 days of filing.

FRCP 12(b)(2)

Motion for lack of personal jurisdiction must be raised in the first response.

FRCP 12(b)(4)

Insufficient process challenges defects in the content of the summons.

FRCP 12(b)(5)

Insufficient service of process challenges the manner of delivery.

28 U.S.C. § 1391(b)

Determines general venue for federal district courts based on residency and events.

Non-Conveniens Doctrine

Allows courts to dismiss cases for better-suited alternative forums.

Transfer When Original Venue IS Proper

Transfer case for convenience and in the interest of justice.

Transfer When Original Venue IS Improper

Transfer case or dismiss it to a proper venue.

Piper Aircraft Co. v. Reyno (1981)

Dismissal under FNC allowed even if the foreign court's law is less favorable.

Civil Procedure Exam Workflow

A systematic analysis of personal jurisdiction, notice, and venue.

Statutory Check

Evaluating if the state's long-arm statute applies to the defendant.

Purposeful Availment Test

Establishes a connection through intentional conduct directed at the forum.

5 Reasonableness Factors

Evaluates if jurisdiction is fair considering specific circumstances.

Domiciled Individuals

Resides in the judicial district of their domicile for venue purposes.

Corporate Residency

Corporations reside in districts where they are subject to personal jurisdiction.

Multi-District States Analysis

Assessing each district's eligibility regarding venue and jurisdiction.