Law School Outlines - Civ_Pro_4

PERSONAL JURISDICTION CHECKLIST Personal Jurisdiction Checklist Main Question-does the court have the power/authority to bring this particular defendant to the court? Was the defendant properly served with process within the state (constitutional ? yes-there is general personal jurisdiction no-go to the next question Does the forum state’s long-arm statute provide for jurisdiction over the defendant? (may list the required contacts) no-there is no personal jurisdiction yes-go to the next question Does the defendant have proper contacts to satisfy general jurisdiction? consent domiciled (for a corporation, the principle place of business or the place of incorporation) owns property yes-there is general personal jurisdiction no-go to next question Does the defendant have substantial minimum contacts with the forum state to allow for specific personal jurisdiction? does the defendant have continuous and systematic contacts with the forum (purposeful availment) that would make personal jurisdiction foreseeable? no-no jurisdiction yes-does the cause of action arise out of a connection between the defendant and the forum? defendant acted in the forum to wrong the plaintiff defendant uses an agent in the forum who wronged the plaintiff no-no jurisdiction yes-is it “reasonable” to bring the defendant into the court (traditional notions of fair play and substantial justice” no-typically, if there are minimum contacts, unreasonable jurisdiction is very unusual (Asahi) yes-there is specific personal jurisdiction (note-a weak showing of minimum contact could be trumped by a strong showing of reasonableness in favor of a certain party-Burger King)