Civ_Pro_Unknown4 - does the defendant have continuous and...

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P ERSONAL J URISDICTION C HECKLIST Personal Jurisdiction Checklist Main Question- does the court have the power/ authority to bring this particular defendant to the court? Was the defendant properly served with process within the state (constitutional ? yes- there is general personal jurisdiction no- go to the next question Does the forum state’s long-arm statute provide for jurisdiction over the defendant? (may list the required contacts) no- there is no personal jurisdiction yes- go to the next question Does the defendant have proper contacts to satisfy general jurisdiction? consent domiciled (for a corporation, the principle place of business or the place of incorporation) owns property yes- there is general personal jurisdiction no- go to next question Does the defendant have substantial minimum contacts with the forum state to allow for specific personal jurisdiction?
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Unformatted text preview: does the defendant have continuous and systematic contacts with the forum (purposeful availment) that would make personal jurisdiction foreseeable? no-no jurisdiction yes-does the cause of action arise out of a connection between the defendant and the forum? defendant acted in the forum to wrong the plaintiff defendant uses an agent in the forum who wronged the plaintiff no-no jurisdiction yes-is it “reasonable” to bring the defendant into the court (traditional notions of fair play and substantial justice” no-typically, if there are minimum contacts, unreasonable jurisdiction is very unusual (Asahi) yes- there is specific personal jurisdiction (note- a weak showing of minimum contact could be trumped by a strong showing of reasonableness in favor of a certain party- Burger King)...
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This note was uploaded on 03/03/2010 for the course LAW 28465 taught by Professor Carson during the Fall '09 term at University of Texas.

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