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PJ Flow Chart (Revised)

This document outlines the key concepts around establishing personal jurisdiction in a court, including personal service in the forum state, consent to jurisdiction, minimum contacts with the forum state, and whether the claim arises from contacts with that state. It distinguishes between specific jurisdiction, where the suit arises from contacts with the forum, and general jurisdiction, which applies if the defendant is essentially "at home" in the forum state through extensive contacts.

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Chris Ce
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© Attribution Non-Commercial (BY-NC)
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Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
787 views

PJ Flow Chart (Revised)

This document outlines the key concepts around establishing personal jurisdiction in a court, including personal service in the forum state, consent to jurisdiction, minimum contacts with the forum state, and whether the claim arises from contacts with that state. It distinguishes between specific jurisdiction, where the suit arises from contacts with the forum, and general jurisdiction, which applies if the defendant is essentially "at home" in the forum state through extensive contacts.

Uploaded by

Chris Ce
Copyright
© Attribution Non-Commercial (BY-NC)
Available Formats
Download as PDF, TXT or read online on Scribd
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PERSONAL JURISDICTION

Personal Service In Forum State

Consent

Minimum Contacts

Personal Jurisdiction EXISTS Pennoyer & Burnham

Post-Dispute Consent

Pre-Dispute Consent

Does Claim Arise from a contact of with the Forum State?

Personal Jurisdiction EXISTS Pennoyer

Personal Jurisdiction EXISTS Pennoyer & Carnival Cruise Lines

If YES . . .

If NO . . .

Specific Jurisdiction

General Jurisdiction

At Home

Broad, Deep Long Term Contacts Effects Test Jones; Pavolvich Stream of Commerce Contacts
Goodyear, Helicol
Major Presence

Intentional Tort

Effect in Forum State

Internet Contacts: Business? Passive? Interactive? - Level of Inter. - Comm. Nature

PURPOSEFUL AVAILMENT

At least 1 Contact
World-Wide

Quality & Nature of Contacts


(continuous & systematic v. isolated and casual)

Product Placed in Stream (Distributorship Steam ONLY)

Purposeful Availment States Interest

Purposeful Availment Reasonable? States Interest Plaintiffs Interest

Product Removed From Stream by CUSTOMER in Forum State

World-Wide, Asahi, Nicastro


Specific Target in Forum Asahi & Purposefully Directed Activity at Forum State

Plaintiffs Interest Reasonable? No Unilateral Activity

Asahi & Nicastro

Foreseeability/Fairness

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