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					                   Outlining
► Outliningis important for this course so that you
  can have ready access to the rules from the cases
  on the open book exam
   is also important just in general, because
► It
  DOING IT actually makes you learn the cases!
► Itmay seem like a pain, but it doesn’t have to
  be…
►First:
      Use Professor Steinman’s Syllabus as a
       skeleton outline
I.     Personal jurisdiction: Over whom or what may a
       state court exercise its authority?
     A. The necessary relationship between the defendant
           and the state
        1.   Historical focus on the power of the forum state
             to enforce its judgment
►Second:
      Fill in Case names:

I.     Personal jurisdiction: Over whom or what may a state
       court exercise its authority?
     A. The necessary relationship between the defendant
           and the state
        1.   Historical focus on the power of the forum state to
             enforce its judgment
           1.   Cases:
                1. Pennoyer v. Neff
                2. Harris v. Balk
                3. Hess v. Pawlowski
►Now   fill in the cases:
  You should include at least:
   ►The   RULE of the case (i.e. what the case stands for.
        Example: Pennoyer v. Neff stands for the traditional state
         power theory of personal jurisdiction
   ►TheCourt’s Reasoning (enough so that you know
    WHY the case came out this way)
        Example: The Pennoyer court relied on traditional notions
         of state sovereignty
           Facts: (again, enough so that you can
   ►Critical
    recognize the fact pattern in the case)
        Example: In Pennoyer, the defendant’s property was NOT
         attached at the commencement of the lawsuit
►When   filling in the case RULE:
  You can use a source such as Gilberts
   Outline as a way to pinpoint what the rule
   is.
  BUT!
   ►Always   be sure to rely on what you get from
    class discussion over what Gilbert (or any
    other outline) says. Sometimes professors
    emphasize different things about cases then
    the commercial outlines do.
►When filling in the REASONING:
  The reasoning of the court is helpful for you in
   your analysis of exam questions.
   For example, since we know that in World Wide
    Volkswagon, the court stated that the “stream of
    commerce” ENDS with purchase by the consumer…
     ►We can apply that reasoning if we find similar facts
       in the exam question…
         For example: what if the hypo is about personal
          jurisdiction over a company that builds electric eyes
          for elevators …who is the consumer? Where does the
          stream end? Could anyone using the elevator be
          considered a consumer?... Analogize from Grey, WWV
          and Asahi and make a reasoned judgment…
►When filling in the CRITICAL                       FACTS:
  This is the “meat and potatos” of
   exams(woman)ship!!
     ►Pay  special attention to dispositive facts in a case.
      THIS is exactly what you are looking for in the exam.
     ►For example: What if an exam hypo states the
      following facts:
         Joe Jones from Illinois married a woman from Germany.
          They moved to Indiana for school, where they recently
          discovered that their landlord was constantly listening to
          them through a bug he had installed in their apartment.
         WHAT case does that sound like?
            ► MAS V. PERRY of course!
                     Next…
► Some   writing….
   So, take out a piece of paper…
                               PJ Hypo:
►   John Jones, president of Kent, Inc. located in New York City, was
    attending an international retreat of his company at the Sunset Hotel
    (Sunset) in Hong Kong, part of the Elegance Worldwide Hotel chain.
    After a long day of business discussions, he decided to relax in the hotel
    pool. He drowned in the pool while the two lifeguards were both having
    coffee. When they found him, they refused to administer the proper
    lifesaving procedures.

►   Kent’s education department had received an attractive brochure
    featuring the new pool from Sunset earlier in the year. Kent had had two
    international meetings at Sunset in years past. Kent entered into several
    months of negotiations with Sunset about rates, dates and specifications
    of meeting rooms.

►   Mrs. Jones filed a wrongful death suit against Sunset in the federal court
    for the Southern district of NY. NY’s long arm statute provides for
    jurisdiction over an out of state defendant for a cause of action arising
    from the defendant’s transaction of business in the state. In its answer,
    Sunset raised as a defense, lack of personal jurisdiction. What result?
    (Do not analyze notice)
                                              PJ Answer Outline:
1. State statute: “provides for jurisdiction over an out of state defendant for a cause of action arising
         from the defendant’s transaction of business in the state”. Did Sunset transact business in the
         state?
►        Yes: they sent brochures and negotiated contracts
►        No: they only transacted business in Hong Kong.
►        Can argue both but probably Jx is ok under the state statute.
2. 14 th Amendment due process requires Invoked basis and reasonable notice

►        Traditional Pennoyer bases:
             Citizenship? No
             Consent? No
             Presence of property? No
             Status? No
             Personal service in state? No
►        Minimum contacts: depends on quality and nature of acts within the state, and fair and orderly
         administration
             Purposeful availment (depends on chosen intent to benefit, and foreseeability of being haled
              into court)
             ►      Acts within the state: single isolated or continuous systematic? Probably Single isolated:
                    negotiations and sending of brochures. Analyze under McGee, single contact can be
                    enough if related)
                      Related or unrelated? Analyzed under McGee, the sending of the brochures is related to
                       the accident, even though the accident probably doesn’t “arise out of” the brochures.
            ►     Acts outside of state MUST be related to claim:
                      Can also analyze under Burger King, intentional affiliation with forum actor. Use the
                       negotiations and the fact that Sunset had hosted 2 of Kent’s International meetings.
            Fair and orderly administration of the laws
            ►     Burden on defendant to defend in NY? Is not so big, they are an international chain.
            ►     Burden on Pl to bring suit in Hong Kong? Is huge burden.
            ►     Where is the evidence?

				
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