Consent
Last day of Personal Jurisdiction
• If you consented then no other analysis needs to be done.
• By submitting to the jurisdiction of the court for the limited
purpose of challenging jurisdiction, the defendant agrees to
abide by the court’s determination on the issue of jurisdiction
In most circuits for Calder- The person has to be focusing on that state
in order for them to be sued in that state and the harm also has to be
felt there.
If there is a split depending on where it is filed then discuss both of
them.
Statutory authorization of personal jurisdiction
• Personal jurisdiction is not automatically conferred.
• Each state must enact legislation allowing its courts to
exercise personal jurisdiction
Step 1: State Statutory Authorization of Personal Jurisdiction
• PJ over people served in the state
• PJ over domiciliaries of the state
• In rem statute
• Long arm statues- Main one to worry about-She will give it to
us
• Goes to the full extent of Due process
• enumerated list
• literally construct it-have to fit into a category
• to go to full extent of due process
Step 2: Constitutional Analysis- 2 prong test
Purposeful Availment of Minimum
Contacts
Reasonableness
Flint v. Gust- Handout
Facts:
• PL (Georgia resident) wanted to order a truck out of trader
magazine (published in Nebraska and mailed Georgia). PL
contacted the DF (who was in Wisconsin) and made an order.
The PL then sends a check for $6,000. DF then tried to give
him a truck that was not the one PL wanted. PL then requests
his money back. DF refused.
