Civil Procedure

Front 1

What are the two elements of the contemporary test for whether personal jurisdiction is appropriate?

Back 1

1) Is it authorized by statute (usually state's long-arm statute or [federal statute #])?
2) Is it constitutional?

Front 2

What is considered in analyzing whether personal jurisdiction is constitutional?

Back 2

1) Nature of the contacts
2) "Purposeful availment"
3) “Traditional notions of fairplay and substantial justice”

Front 3

How is the "nature of the contacts" thought of for personal jurisdiction?

Back 3

Isolated or continuous?
Such that def. would reasonably anticipate being haled into ct?

Front 4

How is "purposeful availment" thought of for personal jurisdiction?

Back 4

Do the contacts show that the def. purposefully availed himself of the protection of the laws, or did the contacts result from the unilateral actions of the pl? (Contract clauses, nature of websites, stream of commerce, etc., are weighed here.)

Front 5

How are “traditional notions of fairplay and substantial justice” thought of for personal jurisdiction? (4 factors)

Back 5

The def.'s burden and (to a lesser extent) the pl.'s.
The forum state's interest in the suit.
Efficiency.
General policy.

Front 6

What two things are required for notice to be effective?

Back 6

1) Satisfies jurisd.'s rules.
2) Satisfies constitution.

Front 7

What is the constitutional requirement for notice?

Back 7

1) It must be reasonably calculated to provide actual notice. (Balancing test--pl., def., and forum interests.)