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JURISDICTION: GENERAL
PERSONAL JURISDICTION (IPJ)
Constitutional
Statutory
CHART: GENERAL PJ
14th Am. Due Process Clause: (DPC)
Service
Is a resident of the
forum state (FS)?
YES
Was PRESENT in
the forum state when
process was served?
YES
1.
2.
3.
YES
NO
Goodyear, Daimler
NO
YES
NO PJ. No in rem or
quasi in rem (QIR)
jurisdiction.
NO
YES
Could get in rem or quasi in rem jurisdiction.
Go to MINIMUM CONTACTS analysis.
NO PJ. No specific or
general jurisdiction.
NO
YES
Does the FSs long
arm statute provide
PJ over ? FRCP 4(k)
Does own
PROPERTY in FS?
Is there an
attachment
statute?
NO
Did
CONSENT to be sued?
on service of process?
PROPERTY JURISDICTION
NO
NO
YES
Does it satisfy MINIMUM CONTACTS analysis? Burger King ** SEE MIN CONTACTS CHART!! **
International Shoe: must have sufficient minimum contacts within the FS such that
maintenance of the suit does not offend traditional notions of fair play and substantial justice.
NO
MIN CONTACTS
MODERN TEST
YES
NO PJ. Even though has
minimum contacts with FS, due
process prevents exercise of PJ.
Asahi: foreign burden too great
NO
YES
REASONABLENESS TEST:
Does imposing jurisdiction meet the
notions of fair play and substantial
justice? Consider: Burger King
1. Burden on
2. Interest of
3. Interest of FS in adjudicating