Inters In Person am
True nairas du
i 2; Specific \ General
Personal Jurisdiction
Thursday, November 15, 2007
6:43 PM
Distinguishing b/w General and Specific Jurisdiction
Test is: Did the controversy arise out of the contacts and if it did, then the contacts only need to be minimal; If it didn’t then the contacts must be continuous and systematic to assert General Jurisdiction
7 Ways to Bring Personal Jurisdiction
1. Consent
a. Sometimes manifested by appointing an agent for service of process within a state
b. When parties of a K agree to litigate only in a designated area
c. Implied by virtue of their conduct in the litigation
d. Note: PJ is consented to if not immediately consented to in the first meeting
e. Note: Special Appearance – you’re allowed to go to the forum for the special purpose of contesting jurisdiction and you cannot be served while there; You consent to abide by the ruling on jurisdiction; If you make any other objection besides jurisdiction, you’ve consented to jurisdiction.
1. Hess v. Pawloski Pg. 39 –> Agent for Service of Process and Implied by virtue of conduct
· Facts:
· Hess while driving in Massachusetts struck and injured Pawloski. Hess resident of PA; No personal service (using Pennoyer Rule)was made on him and no property was attached. **The service was made in compliance with General Laws of MA which stated b/c he drove on the highway they could assert jurisdiction
· Issue:
· Whether MA Laws offends due process clause of 14th Amendment b/c of Hess having no contacts w/ MA
· Rule:
· State may declare that the use of the highway by the nonresident is the equivalent of the appointment of the registrar as agent on whom process may be served.
2. Tag w/o Tag (domicile)
1. Policy: even when absent from home, you sh
r Court of California:
· Scalia: Traditional Rule –> You were voluntarily in the state for an unrelated purpose? If yes, then you can be served
· Brennan: Modern Trend –> Minimum contacts matter b/c of Int’l Shoe BUT it should be a case by case with a strong presumption if you’re served in the state it’s ok for court to have jurisdiction **This is the rule we take from Burnham
4. General Jurisdiction
o Policy: it’s almost like domicile b/c you have so much contact with the state; You expect privilges & protections from the state; Minimun contacts are continuous and systematic
Perkins l—l Rosenburn Spectrum — Perkins – lots of contacts/presence — Rosenburg – If we use suppliers, advertise, make
