Federal or State Court?

Statutory authorization? Yes No Consistent with Due Process (Constitution)? No jurisdiction

Jurisdiction over persons IN PERSONAM

Jurisdiction over things IN REM (choose one)

claim related to/ arise from contacts? Yes SPECIFIC (but for) No GENERAL (proximate)

tagged in state? TRANSIENT Yes - jurisdiction OK Burnham v. CA

(1) Pure in rem " - ownership as to whole world " - notice by publication

(2) QIR I " - ownership between parties " - notice by publication contacts continuous and systematic? Yes - jurisdiction OK No - no jurisdiction Perkins Helicopteros

contacts are continuous and systematic

contacts are isolated

(3) QIR 2 - unrelated - notice by publication AND attach property at outset Pennoyer v. Neff

Jurisdiction OK BK v. Rudzewicz

(a) purposeful availment? - Yes - Jurisdiction probably OK - No - Jurisdiction not likely (b) reasonable? (traditional notions of fair play) - burden on D (primary) - Pʼs interest in forum - forumʼs interest in suit - judicial systemʼs interest (efficiency) - shared statesʼ interest (furthering social policies) McGee v. Intʼl Life

Intʼl Shoe (p. 39) Related Unrelated

Isolated Depends on purposeful availment No jurisdiction

Continuous & Systematic Jurisdiction OK Jurisdiction OK

Unilateral activity & foreseeability alone = not sufficient McGee (control & purposeful availment) vs. Hanson v. Denckla (no control) WWVW v. Woodson (no control) contrast with Gray v. Am. Radiator

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