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Personal Jurisdiction - Coggle Diagram
Personal Jurisdiction
Forum State Long-Arm Statute
Specific-Acts Statute
Did the defendant meet the criteria set forth in the statute?
Yes :check:
General Personal Jx
Specific Personal Jx
Did the defendant's in-forum activities give rise to the cause of action?
No :no_entry:
The court has no specific personal jurisdiction over the defendant.
Yes :check:
Did the defendant purposefully undertake activities that constitute "minimum contacts" with the forum state, such that it is foreseeable that the defendant could be sued there?
Stream of Commerce
• Minimum contacts where the defendant purposefully placed product in a stream of commerce with the expectation that it would be purchased by consumers in the forum state.
Stream of Commerce Plus
• Defendant must also take some kind of specific action to make product marketable in forum state.
E-Commerce Factors
• Level of interactivity on the defendant’s website
• Extent of “hits” made on the website by users in the forum state
• Extent of commercial activity conducted by the defendant in the forum state
2 more items...
Is the defendant "at home" in the forum state?
Individual
Domicile = State where a person physically resides and intends to remain indefinitely.
Corporation
Domicile =
State of Incorporation
Principal Place of Business (Nerve Center)
Transient
Defendant Personally Served Process while in the forum state
Defendant treated as if "at home"
No :red_cross:
Does an exception apply?
• 100-mile rule
• Nationwide service of process
• Federal question claim against foreign judgment
No :no_entry:
No personal jurisdiction.
Yes :check:
"Maximum-Extent Allowed by U.S. Constitution" Statute