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Personal JX

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Question
Answer
Traditional Basis of Personal JX   1. Consent 2. Residence 3. Presence 4. Agent  
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Milliken (PJ)   an individual is subject to in personam jurisdiction in his domicile, regardless of whether he was absent from the state at the time  
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Hess (PJ)   an individual is subject to in personam jurisdiction in his domicile, regardless of whether he was absent from the state at the time  
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International Shoe (PJ)   "minimum contacts" such that jx is consistent w/ "traditional notions of fair play & substantial justice." D must “purposefully avail himself of the privilege of conducting activ. within State, invoking benefits/protections of its laws.  
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McGee (PJ) (TX => CA)   a single contact is sufficient if the claims arises out of the contact (re-issuance "solicitation" of insurance policy)  
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Gray (PJ)   a company that places a product into the "stream of commerce" derives a benefit from the sale of the product such that the use of the product is sufficient contact w/ the state  
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World Wide   the "stream of commerce" ends where the product is purchased; it must be foreseeable that D’s conduct and connection w/ forum State are such that he should reasonably anticipate being haled into court there  
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Hanson (PJ) (Delaware Trust)   unilateral activity cannot satisfy the requirement of contact w/ the forum state; defendant must "purposefully avail" himself of the forum state  
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Fairness Factors to Assess AFTER min. contacts established   1. burden on D; 2. interest of forum state; 3. P's interest in obtaining relief; 4. interstate judicial system's interest in obtaining most efficient resolution; 5. shared interest of several states infurthering fundamental substantial social policies  
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PJ in Fed. Ct. [FCRP 4(k)(1)(2)]   generally, a fed. ct. only has jx if state in which it sits would have jx. Exceptions: 1. FQ 2. PJ const. AND 3. no state that would have PJ  
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Keeton (Fed. Ct. PJ)   "state interest" where the state has a significant interest in the litigating the issues despite insubstantial minimum contacts if contacts are related to general activities in forum state  
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Calder (Fed. Ct. PJ)   "effects test" if the focal point & effects of a tortuous act are felt in the state, despite the lack of substantial contacts jurisdiction is proper  
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BK (Fed. Ct. PJ)   D has substantial burden to prove unfairness K analysis: negotiations/comtemplated future consequences/terms of K/ course of dealing  
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Asahi (Fed. Ct. PJ)   knowledge not enough to satisfy purposeful availment; no decision on stream of commerce  
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Asahi (O'Connor's Theory)   Purposeful availment requires “additional conduct” that indicates an intent or purpose to serve the market in the forum state (such as advertising in forum)  
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Asahi (Brennan's Theory)   • So long as D places a product in the stream and is aware that the final product is being marketed in the forum State, the possibility of a lawsuit there cannot come as a surprise  
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General JX (Subset of PJ) [Perkins Factors]   Helicopteros: continous & systematic if c/a not arise out of contact Perkins Factors: offices, executives, meetings, bank accts., sales, employees  
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Consent to PJ   the right to object to a court's lack of PJ is a personal right that can be waived at any time by defendant; a P that files a suit consents to a counterclaim  
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Shaffer(PJ)   all assertions of jx must satisfy International Shoe requirements.  
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Burnham (PJ - Transient Presence)   SOP delivered in harm, in state and D voluntarily in state; affirms Pennoyer's traditional notions of PJ  
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