Professional Documents
Culture Documents
I. PERSONAL JURISDICTION -- A court only has power over the people who have a connection to that
court. (constitutional requirement of due process)
A.Historical Concept:
1. In Personam Jurisdiction: States have power over people within their borders
2. Transactions across state lines forced the states to change
3. In Rem -- state had the power to enter judgement if D had property inside the borders
4. Quasi In Rem -- state could seize or attach property within the state even if the claim was not about
that property. (power up to value up to that property
5. Penoyer v. Neff -- attached personal jurisdiction to 14th Amendment Due Process Clause for the
First Time rooting the Personal Jurisdiction Doctrine to the Constitution!
B.Specific Jurisdiction - Where you can bring suit against a defendant based on certain events.
1. Minimum Contacts Test (established in International Shoe) (Also Applies to in Rem jurisdicion;
Shaffer v. Heitner) (international show sets up the distinction between specific and general
jurisdiction).
a)Minimum Contacts
(1) Purposeful Availment Test established by Hanson v. Denkla (sisters suing for benefits of
estates. Mom’s trust had been set up in delaware and then mom moved to Florida. Florida
does not have jurisdiction because Trust company did not purposefully avail itself to FL.)
(2)Forseeability (foreseability of causing harm is not enought) Foreseebility that D should
reasonably anticipate being hailed into court there. World Wide Volkswagon (auto retailer
being sued in OK. Court says it is not enough that it was foreseeable that a car might drive
though; must have reasonably anticipated being hailed into court in that state!)
(3)Not Casual or Isolated...significant contacts.
(4)Having Property in the area is not enough anymore...you need to apply minimum contacts
as well, but property may be a factor that is considered. Shaffer v. Heitner (Greyhound bus
case, where directors of Greyhound are sued by stockholder. Says no personal jurisdiction in
Delaware bc attaching property is not enough if property is not related to the COA.)
b)Claim “Arises Out of those Contacts”
2. that do not offend the notions of fair play and substantial justice (Fairness is not considered unless
minimum contacts have been established --> World Wide Volkswagon)
a)The Burden on the Defendant (primary concern according to World Wide Volkswagon)
Elements b)interests on the forum state
of Fair c) the plaintiff’s interest in obtaining “convenient and effective relief” Asahi!
Play and (1)availability of witnesses?
Substantial
d)efficiency
Justice
e) interest in futhering substantive social policies.
f) Must be VERY unfair to defeat personal jurisdiction. (Asahi)
g)Fairness notions may also allow the court to find jurisdiction --> Burger King