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  • PJ Flow Chart

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    Malik Dean
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    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.

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    personal jurisdicition

    Original Title

    PJ FLOW CHART

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    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.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    62 views1 page

    PJ Flow Chart

    Uploaded by

    Malik Dean
    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.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 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”]

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