Civil Procedure Personal Jurisdiction
LAW 5301 (4 credits)
Professor Pedro A. Malavet
There are three areas in the In Personam Jurisdiction analysis:
- No jurisdiction, i.e., when there are no contacts or when contacts are so Casual or Isolated that the exercise of jurisdiction over the person would violate the Due Process clause;
- Specific Jurisdiction, when (a) a single act (e.g., an Auto accident, Hess v. Powloski, p. 682; Insurance Contract, McGee, p. 693), or, more commonly, Continuous and Systematic contacts with the forum, i.e., minimum contacts, (b) allow the courts of the forum state to exercise jurisdiction over claims that "arise out of or are connected with the activities within the state", International Shoe, p. 690. Please keep in mind that this is a two part test!
- General Jurisdiction. When contacts with the forum state are so Substantial or Pervasive to expose defendant to any type of suit, regardless of the relationship between the cause of action and the facts establishing presence.