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Personal Jurisdiction

Terms in this set (8)

Personal Jurisdiction
Power of court over a particular party
PJ Rule
If the State long arm statute in which the Court sits authorizes PJ to the full extent of the 14th Amendment, then the statute is constitutional if it authorizes personal jurisdiction in one of five following circumstances: (1) residency, (2) consent/waiver, (3) service, (4) minimum contacts, (5) "at home" general jurisdiction
Residency
If a party is a resident (domiciled) in the state where the suit was filed, PJ is constitutional
Consent/Waiver
Part can consent to PJ in three ways (1) appearance without objection, (2) contract w/ forum selection clause, and (3) Appointment
Service
Human defendant is served with process while the state were the suit was filed (tag)
Can't coax D into state under false pretenses, and can't be in state for different legal proceeding
Minimum Contacts (3-part test)
(1) Defendant has established a minimum contact with the forum state, (2) claims against Defendant arise from that contact, and (3) PJ won't offend traditional notions of fair play and substantial justice
Minimum Contacts: Fair Play Factors
(1) Burden on the defendant [to litigate in this place]; (2) Forum state interests; (3) Plaintiff's interest in obtaining relief; (4) Interstate judicial system's interest in efficient resolution of controversies; (5) Shared interest of states in furthering fundamental social polices
"At Home" General Jurisdiction [very high bar]
Parties are subject to "at home" general jurisdiction where contacts are so substantial that they are "essentially at home"
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