PERSONAL JURISDICTION FLOW CHART
Full Faith and Credit Clause (28 USC 1738) – if you get a valid judgment in one state, another state has to honor it.
START AT 4(k)(1)(a) –
Look to jurisdictional rules of the state in which the District Court sits because for most part federal courts limit themselves byexercising PJ only to extent state court would.
Next check the state’s Long Arm Statute
Don’t be scared by an enumerated state statute – see if it works! If it fits you still move on to the USC!
If no jurisdiction under the long arm, then STOP.
If there is, then continue and ask:
In Rem In Personam
In Rem Notes: In Personam Notes:
· Must attach property at commencement of lawsuit. – Must be personal service
· Must be property owned at commencement of suit. – Cannot be converted from an in rem case
· Notice by publication or personal service are OK. – Domicile = one’s residence, can change
· Doesn’t get full faith and credit in another state – only by having intent to leave jurisdiction and
satisfied against the value of the property. arriving in the new jurisdiction.
True In Rem, Quasi 1 Pennoyer
Jurisdiction is good under Pennoyer and Court appearance– good jurisdiction
Shaffer because property is related to the Domicile – good jurisdiction
Claim. Remember under Shaffer we must STOP HERE.
now have minimum contacts. Found in Forum – may need to
STOP HERE. look at additional contacts under
Burnham – GO TO ISHOE
Property is unrelated to the claim – GO TO ISHOE
International Shoe – Minimum Contacts
There will be PJ when there is no presence in forum but there exist minimum contacts that do not offend the traditional notions of fair play and substantial justice.
Δ must purposefully avail itself of the benefits of the forum state where if something goes wrong you would expect to be sued there.
Systematic and Continuous Activity
Claim unrelated to activity
Box 2 – NO JURISDICTION
Box 3 – Can be jurisdiction as long as activity is substantial enough to justify jurisdiction. MAYBE.
rest in obtaining relief.
· Interstate judicial system’s interest in obtaining resolution
· Shared interest of the states in furthering substantive social policies.
Note: Look to the BIG PICTURE/totality of the circumstances – inconvenience to Δ, Π’s other alternatives, does state have an interest.
Has to be VERY VERY UNFAIR in order for fairness to rule in jurisdiction case!!! Must be a severe disadvantage – ex: ASAHI would have had to come and litigate in a foreign jurisdiction.
Attach property right away.
Consent and domicile still work today – presence might be subject to a minimum contacts analysis.
Quasi in rem – must have a minimum contacts analysis. If the law suit is about the property, then minimum contacts are satisfied.
Minimum contacts analysis, must purposefully avail of the benefits of the forum. Ishoe box for general jurisdiction.
Analyze degree of contacts, amount and relatedness.
Last, check fairness under VW.