1. Personal Jurisdiction

1. Personal Jurisdiction

1. Personal Jurisdiction

   • 3 Steps to PJ
     • Step 1: State Statute - Long Arm
       • Step 2: In Due Process Circle?
         • Constitutional - Entitled to Full Faith and Credit
   • Types
     • Jurisdiction Over Defendant
       • In Personam
         • General
           • D can be sued in forum for claim that arose ANYWHERE in the world
         • Specific
           • D is sued on claim that arose IN FORUM
             • Doctrine of Relatedness
     • Jurisdiction Over D's Property
       • In Rem
         • Lawsuit is over who owns the property
       • Quasi In Rem
         • Dispute has nothing to do with ownership, D clearly owns it, dispute is over something else
           • Pennoyer's underlying case - Mitchell v. Neff

2. In Personam Jurisdiction

   • I. Constitutional Analysis
     • 1. Does a traditional basis apply from Pennoyer?
       • Yes
         • Based on Burnham...
           • May its ok by itself
             • But still do Shoe
           • Maybe not ok by itself, might have to do Int'l Shoe
       • No
         • 2. Then Do Shoe
           • A. is there a relevant contact between D and Forum?
             • No - NO PJ
             • Yes
               • B. Was there purposeful availment?
                 • Yes
                   • C. Fairness
                     • Inconvenience for D and Witnesses
                       • BK makes it almost impossible to show this
                         • Relative wealth doesn't matter
                     • Forum States Interest
                       • McGee
                         • State has interest in protecting citizens form getting ripped off
                     • P's interest
                       • interest in convenience
                     • Legal systems interest in efficiency
                     • Shared Substantive policies
     • II. State Statute Analysis
       • Non-resident motorist act
       • Long Arm Statute
         • Allows you to sue a non-resident; lists things that non-residents can do in state that would subject them to PJ
         • Typical example: Non-Resident commits a Tort
           • Person A produced widgets, widget directly sold to someone in state B and it blows up in state B - did you commit a Tort in state B - some say yes (injury was there) some say no (act wasn't there)

3. Quasi In Rem/ In Rem

   • I. Constitutional Requirement
     • 1. Property is attached at onset of suit
     • II State Statute
       • Attachment Statute
         • Says state has power over property person owns in state
         • All states have them
     • 2. International Shoe Minimum Contacts
       • Shaeffer v. Heitner
         • Held Constitution test for in rem/ QIR is the same as In Personam (International Shoe)