Civ Pro (2) - PJ

Personal Jurisdiction

Personal Jurisdiction

Personal jurisdiction (PJ) refers to the court’s ability to exercise authority over a defendant.

Traditionally, PJ could only be exercised if (1) the defendant domiciled in the forum, (2) was served in the forum voluntarily, (3) consent. (2023 Mallory: registering to do business in a state = consent)

PJ-Long arm statute and Constitutional Limits

Even if there is no traditional basis, states have a long arm statute that gives a court personal jurisdiction over a out-of-state defendant. California’s long arm statute allows the exercise of jurisdiction to the full extent of the Constitution.

For the Long arm statute to be constitutional, there must be (1) minimum contacts, (2) relatedness, and (3) fairness.

Minimum Contacts

The defendant must have sufficient minimum contacts with the forum state. Minimum contacts for PJ requires a showing of (1) purposeful availment and (2) foreseeability.

Purposeful availment

The defendant purposefully availed himself of the privilege of conducting activities in the forum state, thus invoking benefits and protections of the state laws.

Foreseeability

Additionally, the defendant also must know or reasonably anticipate that her activities in the forum make it foreseeable that they would be haled into court in the forum state.

Relatedness

The claim must arise out of or relate to the defendant’s contacts with the forum. (claim - related - contacts)

Specific jurisdiction

Specific jurisdiction exist, in a specific sense, when a cause of action arises out of or relates directly to the defendant's specific activity in the forum.

General jurisdiction (Essentially at home standard)

More generally, general jurisdiction exist when a defendant’s activity in the forum is systematic and continuous, resulting essentially "at home" in the forum. A corporation is essentially at home in its state of incorporation or state of principal place of business. Only running business (muscel center) cannot establish "at home" in the forum.

Fairness

The exercise of personal jurisdiction must be fair and not offend traditional notions of fair play and substantial justice to both the parties and the state, considering (1) the plaintiff’s interest in obtaining relief, (2) the defendant’s hardship in travelling to the forum state, (3) the location of evidence and witnesses, (4) and the state’s interest in adjudicating in the forum and in regulating activity within its borders to protect its citizens.