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Understanding Personal Jurisdiction in US Law: General, Specific Jurisdiction, Slides of Civil procedure

Alliance UniversityCivil procedure

An overview of personal jurisdiction in us law, focusing on the international shoe test and the concepts of general and specific jurisdiction. The landmark case of international shoe and its impact on the modern standard for a state's assertion of personal jurisdiction over a non-resident defendant.

Typology: Slides

2012/2013

Uploaded on 01/26/2013

radhatanaya
radhatanaya 🇮🇳

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WRAP-UP OF LAST CLASS
•We wrapped up our study of subject matter
jurisdiction by finishing up our study of when cases
can be removed from state court to federal court.
Removal is a limit on the ability of a plaintiff to
choose the forum.
•We discussed International Shoe, a landmark case
setting out the modern theory of personal
jurisdiction. International Shoe’s minimum contacts
test significantly expands personal jurisdiction
beyond Pennoyer’s power rationale, which had
become outmoded.
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Download Understanding Personal Jurisdiction in US Law: General, Specific Jurisdiction and more Slides Civil procedure in PDF only on Docsity!

WRAP-UP OF LAST CLASS

  • We wrapped up our study of subject matter jurisdiction by finishing up our study of when cases can be removed from state court to federal court. Removal is a limit on the ability of a plaintiff to choose the forum.
  • We discussed International Shoe, a landmark case setting out the modern theory of personal jurisdiction. International Shoe’s minimum contacts test significantly expands personal jurisdiction beyond Pennoyer’s power rationale, which had become outmoded.

WHAT WILL WE DO TODAY?

  • Continue our study of personal jurisdiction by
    1. Learning about general and specific

jurisdiction

    1. Discussing a case applying International

Shoe’s minimum contacts test, World-Wide

Volkswagen v. Woodson (1980).

MINIMUM CONTACTS

  • Does Stone articulate any criteria for assessing

a corporation’s contacts or activities in the

forum state?

MINIMUM CONTACTS

  • It is evident that the criteria by which we mark the boundary line between those activities which justify the subjection of a corporation to suit, and those which do not, cannot be simply mechanical or quantitative. The test is not merely, as has sometimes been suggested, whether the activity, which the corporation has seen fit to procure through its agents in another state, is a little more or a little less. Whether due process is satisfied must depend rather upon the quality and nature of the activity in relation to the fair and orderly administration of the laws which it was the purpose of the due process clause to insure.

SPECIFIC JURISDICTION

GENERAL JURISDICTION

  • What is general jurisdiction? (see, e.g. Perkins

v. Benguet Consolidated Mining Co. CB p. 671)

  • What is specific jurisdiction? ( see,e.g., McGee

v. International Life Insurance Co. CB p. 671)

PURPOSEFUL AVAILMENT

  • What is purposeful availment? (See Hanson v.

Denckla CB pp. 674-75)

APPLICATION OF LAW TO THE FACTS

  • Why does Stone find that there was personal

jurisdiction over International Shoe?

  • To what extent does Justice Black disagree

with Justice Stone?

IMPORTANT NOTE: PERSONAL JURISDICTION IN

FEDERAL COURT

  • The 14th Amendment due process clause only limits state power.
  • Although there are no CONSTITUTIONAL constraints on a federal court’s exercise of jurisdiction over a defendant with an appropriate relationship to the US as a whole who is not resident in the state where the court sits, Congress has limited the jurisdiction of federal courts
  • See FRCP 4(k) – purpose: to eliminate forum- shopping. NB “100 mile bulge rule”.

The Accident (1977)

  • 1976 Audi 100 LS

WORLD-WIDE VOLKSWAGEN V.

WOODSON

  • Who are the plaintiffs? Where are plaintiffs

resident at the time of the accident?

  • Where were the plaintiffs citizens for the

purposes of diversity at the time of filing the

lawsuit?