Jurisdiction over People
A) In Personum jurisdiction (Jurisdiction over the person)
1) Does local law allow the exercise of jurisdiction
a) State service rule
b) Long arm statute
c) Federal Rule of Civil Procedure 4 (Summons)
B) Does Due Process allow exercise of jurisdiction?
1) International Shoe Test
a) Minimum contacts test
1) quality and nature of activity
2) continuous and systematic business
3 Co. benefits from the laws of the state and its business is protected by the state.
4) Can be haled into the courts of the state if you conduct business in the state, you have availed yourself to the courts of the state
b) Two forms of jurisdiction from International Shoe (in personum).
1) General Jurisdiction: Court exercises power over defendant in any case even if it involves defendants conduct out of state. Contacts with forum state are so substantial state always has power over defendant.
a. Domicile (Individual)
b. Presence (Individual)
c. consent (waiver)
d. FOR BUSINESS: systematic and continuous business
2) Specific Jurisdiction: Exercised when defendants contacts with the state are related to or give rise to the lawsuit.
a) Purposeful availment test:
1) Hanson v. Denka: Defendant must purposely avail itself to the privilege of conducting activities within the forum state.
2) Worldwide VW: “Reasonable expectation” and “Foreseeability” test
i) Reasonably expect to be haled to court due to conduct in forum state.
ii) Forseeability: Foresee being haled into court because of contacts with state
3) Bellino: Reach out to consumer. Interactive website that reached out to consumers from other states.
b) Stream of Commerce
1) Titan : Sells products that are ultimately used in other states, receives benefits from forum state, has availe
Helicopteros: Systematic and continuous business.
2) Enough business to expect to be haled into court
3) Same policy arguments are made for specific jurisdiction.
QUICK OVERVIEW (STEPS TO IN PERSONUM JURISDICTION)
1) Check the state long arm law. Does statute of state allow jurisdiction?
2) Does Due Process allow Jurisdiction? MINIMUM CONTACY TEST
a. Specific jurisdiction
i. Purposeful availment
ii. State interest
iii. Convenience
iv. Plaintiffs interest in the forum
v. Defendants interest in the forum
vi. Interest of the several states in implementing social policy
b. General Jurisdiction
i. Domicile for individual
Continuous and systematic business for corporations.
