PERSONAL JURISDICTION FLOWCHART

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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