Personal Jurisdiction Over

1. Personal Jurisdiction Over Demented Inc Charles

2. The forum state has over D, because D by Basic Format for a Personal Jurisdiction Exam Answer Type of PJ General description of type of conduct needed for that type of pj Specific acts of this D that satisfy that standard

3. The forum state has over D, since and Alternative Basic Format for a Personal Jurisdiction Exam Answer Type of PJ Generally stated standard for that type of pj Specific facts showing that this case satisfies that standard

4. Maine has over D because by transient jurisdiction Easy example P served D in the state delivering a copy to D while D was in Maine.

5. Utah has long arm jurisdiction over D because • D has purposefully availed itself of the state of Utah by . . . • Utah is a reasonable forum for the litigation since . . . • The cause of action arises out of D’s contacts with Utah ¶ identifying facts showing purposeful availment ¶ discussing facts making forum reasonable ¶ showing how this c/a arose out the contacts

6. Steps to Take Before Answering • Identify facts relevant to pj • Decide what type of pj fits those facts • [If transient pj] figure out how and where D should be served

7. States in the Charles / Demented Problem

8. PJ Facts Incorporated in Mississippi PJ Basis Domicile Service RA or whatever Mississippi has pj based on domicile since a corp is domiciled in its state of incorporation & Demented was incorporated in Mississippi Demented in Mississippi This is all you need to say! First Steps Answer

9. PJ Facts President of Mississippi Corp PJ Basis ????? Service No PJ over Charles Charles in Mississippi First Steps Answer

10. PJ Facts PPB in LA Registered to do business Apptd RA PJ Basis Consent Service Serve RA LA has consent pj over D since a corp that registers to do business in a state consents to the states pj & D has registered in LA Demented in Louisiana First Steps Answer

11. PJ Facts Goes to the office there PJ Basis transient Service Personal at the office LA can acquire transient pj over Chas Because a state has pj over persons served in the state & Chas can be served in his office in LA Charles in Louisiana First Steps Answer Then Discuss Potential Exceptions

12. PJ Facts Slander uttered in FL President there on Corp business Some witnesses there (ID who) Florida interests (ID what) PJ Basis Long arm Demented in Florida First Steps Long Arm takes a more extended answer!

13. FL has long arm pj over Demented To have long arm pj, D must have purposefully availed itself of the state The forum must be reasonable The C/A must arise out of or relate to the D’s contacts with the state Demented in Florida Answer • In this case, Demented has purposefully availed itself of FL since its President made the allegedly slanderous statements within the state • FL is a reasonable forum: • Witnesses to the slander are likely to be located in FL • D’s conduct occurred in FL • FL has an interest in regulating statements made within its borders • In any event, • Once purposeful availment has been established • A forum will be considered unreasonable only if • D makes a compelling case • Showing grave inconvenience • The C/A arises out of D’s conduct in the state since • Even the strictest nexus standard is satisfied when the forum contacts are elements of P’s case • Chas’s statements in FL are elements of P’s case.

14. Essentially Same as Demented Charles in Florida First Steps Answer

15. PJ Facts P lives there P practices law there D used P’s legal services there on one previous occasion Fred considered hiring P for work there PJ Basis Long arm?? Demented in Arkansas First Steps

16. Demented in Arkansas Answer

17. Essentially Same as Demented Charles in Arkansas First Steps Answer

18. PJ Facts Prime contractor on plant for 5 yrs No activity since Not registered to do business No registered agent PJ Basis Long Arm?? General?? Demented in Alabama First Steps

19. AL does not have long arm jurisdiction over Demented, since The P’s c/a does not arise out of or relate to D’s contacts with the AL Demented in Alabama Answer D’s building the plant in AL did not cause the injury (in fact or proximately) D’s building the plant in AL is not an element of P’s c/a D’s building the plant in AL would not ordinarily be alleged in P’s c/a D’s building the plant in AL does not make this type of incident (slander at business dinner in FL) significantly more likely

20. AL might have general jurisdiction over Demented Demented’s building the plant would constitute systematic and continuous contact with the state Demented in Alabama Answer But note question whether general jurisdiction authorizes suit after the contacts have stopped.

21. PJ Facts Was present in state on regular basis for five years No contact since PJ Basis Long Arm?? General?? Charles in Alabama First Steps

22. AL might have general jurisdiction over Charles Demented’s activities would constitute systematic and continuous contact with the state Charles in Alabama Answer But note question whether general Jurisdiction authorizes suit after the contacts have stopped. Also note footnote 1 in Burnham & the question whether general jurisdiction applies to individuals.

23. PJ Facts Goes to cabin there PJ Basis transient Service Personal at cabin CO can acquire transient pj over Chas Because a state has pj over persons served in the state & Chas can be served at cabin in CO Charles in Colorado First Steps Answer

24. PJ Facts Pres goes to cabin there PJ Basis Transient ?? Service Personal at cabin ?? CO may be able to acquire transient pj over D by serving its president in CO But it is unclear whether corp officer service is good unless officer is doing corp business Demented in Colorado First Steps Answer

25. PJ Facts Citizen of SC House there Family there PJ Basis domicile Service residence SC has domicile pj over Charles A state has domicile pj over its domiciliaries even if they are not present in state, and Charles is domiciled in SC Charles in South Carolina First Steps Answer

26. Corporate President’s domicile is irrelevant to pj over corporation. No pj over demented in SC. Demented in South Carolina First Steps Answer

27. Oregon Anybody want to argue that Oregon has personal jurisdiction over Charles or Demented?

28. Serving Charles in SC (Rule 4(e)(2)) • Is his SC house his “dwelling house or usual place of abode”? • Would it be okay to leave the summons with • His wife? • His butler at the front door? • His butler on the steps leading from the sidewalk to the house?