1. Personal Jurisdiction

Personal Jurisdiction
1. 3 Steps to PJ
  1. Step 1: State Statute - Long Arm
    1. Step 2: In Due Process Circle?
      1. Constitutional - Entitled to Full Faith and Credit
2. Types
  1. Jurisdiction Over Defendant
    1. In Personam
      1. General
        D can be sued in forum for claim that arose ANYWHERE in the world
      2. Specific
        D is sued on claim that arose IN FORUM
        Doctrine of Relatedness
  2. Jurisdiction Over D's Property
    1. In Rem
      1. Lawsuit is over who owns the property
    2. Quasi In Rem
      1. Dispute has nothing to do with ownership, D clearly owns it, dispute is over something else
        Pennoyer's underlying case - Mitchell v. Neff
In Personam Jurisdiction
1. I. Constitutional Analysis
  1. 1. Does a traditional basis apply from Pennoyer?
    1. Yes
      1. Based on Burnham...
        May its ok by itself
        But still do Shoe
        Maybe not ok by itself, might have to do Int'l Shoe
    2. No
      1. 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
  2. II. State Statute Analysis
    1. Non-resident motorist act
    2. Long Arm Statute
      1. Allows you to sue a non-resident; lists things that non-residents can do in state that would subject them to PJ
      2. 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)
Quasi In Rem/ In Rem
1. I. Constitutional Requirement
  1. 1. Property is attached at onset of suit
  2. II State Statute
    1. Attachment Statute
      1. Says state has power over property person owns in state
      2. All states have them
  3. 2. International Shoe Minimum Contacts
    1. Shaeffer v. Heitner
      1. Held Constitution test for in rem/ QIR is the same as In Personam (International Shoe)

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