Civ Pro Baylor

Front 1

Stream of Commerce Rules

Back 1

1. Item placed in stream of commerce
2. Defendant knows it will end up in forum state

Front 2

Stream of Commerce PLUS Rules (Different Jurisdiction)

Back 2

1. Item placed in stream of commerce
2. Defendant knows it will end up in forum state
3. Additional conduct indicating an intent or purpose to serve the market of the forum state

Front 3

When the contact is a K, substantial connection is vital. Several factors are used

Back 3

1) Prior negotiations
2) Contemplated Future consequences
3) Course of dealing (prior experience with other party)
4) Terms of the K
5) Other factors

Front 4

Reasonableness Test
(Balancing of burden on Defendant with 4 factors)

Back 4

1) Forum state’s interest in adjudicating the suit (does it involve residents, state laws used, safety concerns, etc.
2)Interstate court system’s interest in efficient relief (Is this the best place for it, is this best court/state for trial)
3)Plaintiff’s interest in litigating in forum state (is he a resident, what ties does he have to forum state
4) Fundamental substantive social policy (does this case advance social policy – trade, family law, uniformity)

Front 5

Purposefulness Filter

Back 5

1. Purposeful availment to the benefits and protection of the forum state’s laws
2. Purposeful direction of an activity into a forum state
3. When an act by the defendant himself results in a substantial connection with the forum state
4. A purposeful contact is NOT a unilateral activity by someone other than the defendant (Volkswagen, Hanson v Denkla)
5. A purposeful contact does NOT happen by happenstance