Scribd
Upload
110 views1 page

PJ Flow Chart

This document outlines the key considerations for determining personal jurisdiction in a civil lawsuit. There are two main categories - jurisdiction based on a defendant's contacts with the forum state, and jurisdiction based on a defendant's consent. Within contacts-based jurisdiction, there are questions around whether the forum is a "paradigm" one for the defendant, whether the claim relates to the defendant's contacts, and whether those contacts establish specific or general jurisdiction. Consent can be determined through personal service, pre-dispute agreements, or post-dispute litigation conduct. The analysis also involves minimum contacts and due process considerations of purposeful availment, foreseeability, and fairness.

Uploaded by

Malik Dean
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
110 views1 page

PJ Flow Chart

This document outlines the key considerations for determining personal jurisdiction in a civil lawsuit. There are two main categories - jurisdiction based on a defendant's contacts with the forum state, and jurisdiction based on a defendant's consent. Within contacts-based jurisdiction, there are questions around whether the forum is a "paradigm" one for the defendant, whether the claim relates to the defendant's contacts, and whether those contacts establish specific or general jurisdiction. Consent can be determined through personal service, pre-dispute agreements, or post-dispute litigation conduct. The analysis also involves minimum contacts and due process considerations of purposeful availment, foreseeability, and fairness.

Uploaded by

Malik Dean
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 1

PERSONAL

JURISDICTION
Minimum
Contacts
Personal Service Consent
In Forum State

If YES . . .
CRITICAL PRELIMINARY
QUESTION #1:
Is the Forum State a “Paradigm
Forum” for the Defendant?
If NO . . .
Personal Jurisdiction Post-Dispute Pre-Dispute
EXISTS Consent Consent CRITICAL PRELIMINARY
Pennoyer & Burnham QUESTION #2:
Did  do something in the Forum
state that led to Π’s claim?

Personal Personal
Jurisdiction Jurisdiction
EXISTS EXISTS If NO . . .
If YES . . .
Pennoyer Pennoyer &
Carnival Cruise Specific General
Internet
Contacts: Lines Jurisdiction Jurisdiction
Business?
Passive?
Interactive?
- Level of Paradigm
Inter.
Forum?
- Comm.
Nature

If YES … IF NO …
Effects Test Stream of Contacts General Jdx Is 
Jones; Commerce EXISTS … Effectively
Pavolvich “at Home”
in Forum
At least 1 THE END State?
PURPOSEFUL
AVAILMENT and
Contact
FORESEEABILITY World-Wide
Intentional
Tort
Purposeful
Availment?
Product Placed in MAJORLY Broad,
Stream (Distributorship Deep Long Term
Steam ONLY) Contacts …
Specific
Target in Foreseeable/ VIEWED IN
Forum Reasonable? CONTEXT OF ’s
Can  TOTAL
Product Removed From Stream
by CUSTOMER in Forum State reasonably OPERATIONS/
World-Wide, Asahi, Nicastro
anticipate being ACTIVITIES
haled into court Goodyear, Bauman
Effect in in forum state
Forum
State
on P’s claim?

Asahi & Purposefully Directed Activity


Nicastro at Forum State
Asahi & Nicastro No If, based on all
Unilateral activities,  is “at If, based on
Activity home” in the all activities,
forum state …  is NOT “at
GJ EXISTS home” in the
forum state
…
NO General
Jdx

Fairness
[Five highly subjective “Fairness Factors”]

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy