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PERSONAL JURISDICTION FLOWCHART

(assuming the Long-Arm Statute is satisfied)

CONSENT STATUS MINIMUM CONTACTS


• Objections waived JRD for divorce Are D’s contacts related
if not raised in pre- where one spouse to the suit?
answer motion or is domiciled in the
answer
• D may designate
agent in the forum
to accept service
of process GENERAL IN SPECIFIC IN
• Forum Selection PERSONAM JRD PERSONAM JRD
Clauses (must be
reasonable)

DOMICILE TRANSIENT JRD CONTRACTS IN-STATE IN-STATE EFFECTS STREAM OF COMMERCE


Individuals Scalia • Nature of ACTIVITY • For intentional Brennan
• Personal • Valid b/c it’s a prior • Conducting torts, JRD if D • Injecting goods into the stream of
presence and traditional notion of fair negotiation business in knew that the commerce should suffice to
intent to remain play and substantial s the state brunt of the support JRD
• Status considered justice • Reaping injury would be O’Connor
• Contemplat
at time of filing • UNLESS “traditional” ed future benefits/ felt by the forum • Awareness that product may be
Corporations refers to how one is consequenc protections or by a particular sold in forum isn’t enough to
• PPB served person in the show sufficient contacts
es of of the laws
• HQ Brennan forum
entering of the state • P needs to show D’s intent to
• State of • D was in forum state
into K Websites purposefully avail itself of the
Incorporation voluntarily
• Fairness • Terms of K • Passive sites – forum state’s market by:
• Contacts must be
o Low burden to • Course of not enough o Designating product for
continuous and
systematic D interactivity for market in the forum state;
• Mere purchases o Foreseeability JRD o Advertising in the forum
and related trips, o Purposefully • Internet business state;
standing alone availing himself sites w/ sales o Channeling regular advice
of the benefits generated from to customers in the forum
of the forum the forum state – state; or
state FAIR PLAY ANALYSIS
o Marketing product
• Usu. valid – at least 1. D’s burden of litigating in challenged
through distributor as
when there’s ≥ forum
presence than in
sales agent in state
2. P’s Interest (where else could P litigate?)
Burnham Stevens
3. Forum state’s interest (is P a resident of
Exceptions • Held (but didn’t decide) there’s
forum?)
4. Efficiency (location of witnesses,
evidence)