-
If the case is in state court, where do you start on the pj checklist?
B. Long-Arm Statute
-
If Enumerate Act Model, what is the next step on the checklist?
2. Statutory Analysis
-
If facts comports with long-arm statute, what is the next step?
C. Constitutional Analysis
-
1. What are the traditional bases for personal jurisdiction?
- a. In-state.
- b. Voluntary Appearance.
-
2. What are the exceptions to jurisdictional analysis?
- a. Consent.b. State Citizensc. Non-resident Plaintiffsd. Estoppel
-
What are two bases for Consent?
- i. Forum Selection Clauseii. State Domestication Statute
-
Re: State Domestication Statute, under what circumstance do you proceed to the International Shoe Test?
If defendant can be said to have been unaware of consent.
-
3. International Shoe Test--if none of the above exceptions applies, what is the first step in the International Shoe Test?
- a. In rem Action
-
i. If isolated but directly related, then jurisdiction proper.
-
Under International Shoe Test, if not in rem action, then what is the next step?
b. Four-position Matrix
-
What constitutes the four-position matrix?
- i. Continuous and Systematic and Relatedii. Continuous and Systematic and Unrelatediii. Single and Isolated and Unrelatediv. Single and Isolated and Related
-
Re: Single and Isolated and Related, what is the next step in the analysis?
4. Specific Jurisdiction Analysis
-
What are the prongs of Specific Jurisdiction Analysis?
- a. Minimum contacts.
- b. Reasonableness.
-
What are the five possible avenues of minimum contacts?
- i. Purposeful Availment.
- ii. Intentional Torts
- iii. Contractual Contacts
- iv. Stream-of-Commerce Cases
- v. Quasi in Rem Cases
- vi. Internet Cases
-
What are the majority and minority view of Stream-of-Commerce cases?
O'Connor Standard-
Brennan Standard-
Reasonableness Analysis
-
If Purposeful Availment is established, what is the next step?
Reasonableness Analysis
-
What are the components of reasonableness analysys?
- 1. Burden on the defendant
- 2. State Interest
- 3. Plaintiff Interest.
- 4. Systemic Efficiency
- 5. Furtherance of Social Policies
|
|
