Personal Jurisdiction
What is specific jurisdiction?
Defendant's contacts are continuous and systematic AND actions arose from those contacts OR contacts are limited but actions arose from those contacts.
Include purposeful availment and foreseeability
What is the MINIMUM amount required for diversity jurisdiction?
What must be served with the summons?
A copy of the complaint
1) If all defendants are residents of the same state, judicial district where any reside
2) JD where substantial part of the events or omissions give rise to the claim
3) No district, any JD where defendant is subject to personal jurisdiction
Name two different drinks that Blankenship has brought to class
White Monster and Dr. Pepper
What is the major theory that came from Pennoyer v. Neff and what are three big issues with it?
The power theory of jurisdiction
Issues: Evolved transportation, corporations, out-of-state residents escape consequence, timing
State of incorporation, PPB, and every state insurer is citizen
1) Delivering copy to individual personally
2) Leaving copy at dwelling or usual abode with someone of suitable age and discretion who resides there
3) Delivering to an agent authorized by appointment or law to receive service
Which party can file a motion to transfer the case?
The defendant
Which two Amendments discuss due process? What is the difference?
5th and 14th.
5: Federal courts
14: State courts
Shaffer v. Heitner established 'minimum contacts' rules for what category?
Quasi in-rem; property-based jurisdiction alone is insufficient
What are the three exceptions to Supplemental Jurisdiction?
1) Raises novel or complex issue of state law
2) Claim substantially predominates over claim which district court has original jurisdiction
3) District court dismissed all claims
If plaintiff shows good faith for failure to serve in the specified time, the court must extend the time of service for how long?
An appropriate period of time
True or False: Transfer ยง1404 applies to state courts.
FALSE - only applies to federal courts
What is the black letter law rule from Plixer International v. Scrutinizer?
Foreign defendant's website can establish minimum contacts even without physical presence in the United States
What are the three elements of the Calder effects test?
1) Commit an intention act
2) Expressly aimed at the forum state
3) Causes harm the defendant knew was likely to be suffered in the forum state
Federal Question Jurisdiction
1) Necessarily raises a federal question
2) Actually disputed
3) Substantial federal issue
4) No upsetting balance between state and federal courts
Define domicile.
What are the two types of state/federal laws considered in the Erie Doctrine? Give an example of each.
Substantive (state statute on speed limits) and procedural (service of process)
The concept of 'common nucleus of operative fact' came from wish case?
United Mine Works v. Gibbs
What 'tiers' of websites did the Zippo case give us and how likely is personal jurisdiction for each?
Active (PJ likely)
Interactive (PJ possible)
Passive (PJ unlikely)
What is the Holmes Creation Test?
If the plaintiff's complain originates from federal law, it meets federal question qualifications
What is the black letter law rule from Mullane v. Central Hanover Bank & Trust Co?
Notice of judicial proceedings must be reasonably calculated to reach those who are known to be affected by such proceedings
What are the three elements of the Matthews v. Eldridge test and what is it used for?
Test is to determine whether an individual's constitutional due process rights have been violated:
1) The private interest that will be affected by the official action
2) Risk of mistake and value of additional procedures
Interest of party seeking deprivation and ancillary interests of the government in providing the procedures
Blankenship brought up 'Keeton v. Hustler Magazine' several times - what is the black letter law to take away from it?
Plaintiff's lack of minimum contacts is not required for personal jurisdiction (in libel cases) as long as defendant has sufficient contacts with the state.