Jurisdiction

PJ requires that the defendant be [blank] to the forum state’s jurisdiction and be [blank].

Amenable; Served with proper notice

Amenability to PJ is governed by the [blank], subject to the limits of the [blank] of the US Constitution.

Forum state’s laws; due process clause

Pennoyer described three bases for state for state jurisdiction over people and things. They are:

in rem; in personam; quasi in rem

Pennoyer based its jurisdictional formula on [blank] over people and things.

state power

Under Pennoyer’s in personam jurisdiction, a judgment in P’s favor would be:

binding in al states; for the full amount of damages; enforced repeatedly until collected

Under Pennoyer’s in rem jurisdiction, a judgment in P’s favor:

Affects everyone’s interests (parties and nonparties); does not result in a money judgement; doesn’t require enforcement outside the forum

Pennoyer’s quasi in rem:

entitles plaintiff to the property attached for jurisdiction; not a personal judgement; not enforceable against any other property; may not be enforced more than once; or outside the forum

Another type of jurisdiction in Pennoyer is (divorce, adoption, etc.)

Status

[Blank] altered Pennoyer’s rule for PJ, replacing the concept of [blank] w/ new standards of [blank] and [blank] provided by the “minimum contacts” test.

International Shoe Co. WA; state power; reasonableness; fairness

Current test for amenability, following Int’l Shoe and others, does not require the minimum contacts test if the defendant satisfies any of the four traditional bases for in personam:

residence; consent; waiver; physical presence

consent to J has 2 forms: [blank] and [blank].

Express; implied

Examples of Express consent include [blank] statutes (Mallory) and [blank] (Carnival Cruise)

corporate registration; forum selection clauses

An example of implied consent is [blank] (Hess v. Pawloski)

non-resident motorist statutes

If none of the traditional bases are present, a state may only exercise in personam jurisdiction over defendants whoa re subject to the state’s [blank] AND have [blank] witth he state.

long arm; minimum contacts

A long arm statute may [blank] (such as doing business) that create jurisdiction, or may reach to the [blank]

list activities; full limits of due process

Fed courts use the [blank] long arm for both diversity and federal question cases, except in a few circumstances where Congress has enacted a [blank]

local state’s; federal long arm

Two categories of minimum contacts: [blank] is where lawsuit is related to nonresident’s contacts with forum; [blank] is where it is not

Specific jurisdiction; general jurisdiction

Specific jurisdiction has four contact tests:

purposefully availed itself of benefits and protections of forum law; should have foreseen jurisdiction; could reasonably anticipate being haled into court; placed its product in stream of commerce foreseeable in state

General jurisdiction has one test: contacts are [blank] as to render it [blank] in forum.

continuous and systematic; essentially at home