Personal Jurisdiction (PJ)
What are the two ways PJ can be authorized?
Statutory & Constitutionally
∆ must be personally served process here when relying on Statutory PJ.
What is the Forum State?
These must be present with respect to ∆ in order exercise PJ over ∆.
What are MINIMUM CONTACTS w/ the forum state?
This type of website is more likely to give rise to Minimum Contacts as it allows for two-way communication b/w the user & operator.
What is INTERACTIVE?
PASSIVE websites make information available BUT DO NOT transact business.
Under this type of Jx, claims arise from the ∆'s in-state contacts.
NOTE: ONLY Minimum Contacts must be established.
What is Specific Jurisdiction?
This type of PJ exerts jurisdiction over PROPERTY (or status of ownership) w/ respect to property located in the forum state.
What is In rem?
This type of LONG-ARM STATUTE specifies the extent to which state courts can exercise Jx.
What is Limited/Enumerated Long-arm Statute?
To be subject to PJ a ∆ must have such Minimum Contacts w/ the forum state so as not to offend these two Core Concepts of law and public policy.
What are FAIR PLAY & SUBSTANTIAL JUSTICE?
Manufacturers may be held liable in a state if this type of "knowledge" is present in regard to whether consumers purchase their Products in said state.
What is a REASONABLE EXPECTATION?
Under Specific Jx, a ∆ can ONLY be sued for claims arising from these type of contacts.
What are In-State Contacts?
This type of PJ requires a state law to authorize jurisdiction.
What is Statutory?
This Element of PJ is met when the ∆ agrees to jurisdiction in a certain place, whether that agreement is Express OR Implied.
What is CONSENT?
When analyzing Minimum Contacts, this is achieved when the ∆ interacts with the forum state in a non-accidental manner (i.e. uses state roads, does bus. in state, etc.).
What is PURPOSEFUL AVAILMENT?
(T/F) Manufacturers can be held liable in the forum state if they are AWARE of component parts reaching the forum state as part of another product?
FALSE
Mere awareness of component parts reaching forum state as part of a DIFFERENT product will not normally give rise to PJ
Under this type of Jx, ∆'s in-state contacts are NOT taken into account, rather, it must be established that ∆ has such Systemic & Continuous contacts that ∆ is essentially "At Home" in the forum state.
What is GENERAL Jx?
NOTE: Once established, ∆ can be sued for ANY claims arising in or outside the forum state.
This type of PJ exerts jurisdiction over INDIVIDUALS based on their contacts w/ the forum state.
What is In personam?
This type of LONG-ARM STATUTE confers a state's Jx to the extent allowed by the constitution.
What is General/Unlimited Long-arm Statute?
When analyzing Minimum Contacts, this concept must be met by the ∆ knowing (or reasonably anticipating) that they could be held accountable for their activities in the forum state.
What is FORESEEABILITY?
These 3 circumstances of the ∆ automatically give rise to Sufficient Minimum Contact with the forum state for Jx to be perfected.
(CDP)
What are:
Consent,
Domicile, or
Presence.
This Fairness Factor asks, "Would Jx in forum state be so inconvenient and difficult for ∆ that it inherently disadvantages his standing when compared to π?"
What is CONVENIENCE?
This type of PJ requires jurisdiction to satisfy rules of due process.
What is Constitutional?
This Element of Statutory PJ is met when the ∆ maintains permanent residence in the forum state.
What is DOMICILE?
Given ∆'s contacts, exercise of Jx must not offend these three notions of FAIR PLAY & SUBSTANTIAL JUSTICE.
(C, SiR)
What are:
CONVENIENCE,
STATE's iNTEREST, &
RELATEDNESS?
These two types of circumstances may (but do not automatically) give rise to establish Sufficient Contacts for a business ∆ in a forum state.
What are
1) The presence of an interactive website; and
2) Putting Goods into the Stream of Commerce
This Fairness Factor asks whether the forum state has an interest in the outcome of the case or in providing redress for it's residents.
What is STATE's Interest?