Personal Jurisdiction (Requirements for a Binding Judgment)

A. Jurisdiction (Constitutional issue)
  • Two-part test from International Shoe:
    • 1. Sufficient minimum contact with state, also known as "purposeful availment
      • For general jurisdiction (unrelated to case): must be a large number/strong contacts.
      • For specific jurisdiction (related to case): contacts must be connected with the case/issue.
    • 2. Fundamental fairness
      • To defendant
      • Plus the interest of state (but defendant can waive, so not as critical)
B. Notice (Constitutional issue)
  • Mullane says: no mathematical formula for notice, but must be reasonably calculated to achieve success in order to be effective. You must act like you really want to notify defendant.
    • Sometimes 1st class mail is enough for this purpose.
C. Long-arm statutes (generally looked to first by courts, then they look to A and B).

Note that consent of defendant can waive all these requirements when litigation starts or ex ante (Carnival Cruse Lines, where the ticket/contract of sale applied).
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