Complete the statutory analysis of the states long arm statute Complete the

Complete the statutory analysis of the states long

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Complete the statutory analysis of the state’s long-arm statute Complete the Constitutional analysis (due process) Is jurisdiction constitutional? Only complete the Constitutional analysis (due process) So what is the process to complete both types of analysis?
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Analytical Approach To A PJ Essay Statutory Analysis Is there a traditional basis for PJ? General JRD by domicile & service in forum Is it a non-resident? Non-resident motorist act – specific JRD & only good for motor vehicle crash cases (Hess) Does the state’s Long Arm Statute apply? If yes, move on to constitutional analysis If no, the court CANNOT hear the case.
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Analytical Approach To A PJ Essay Constitutional Analysis Are MC consistent with fair play and substantial justice? Is there a Traditional Basis (domicile, consent, etc.) Consider Burnham Apply the Shoe Test Must have a relevant (minimum) contact with the defendant and the forum Purposeful availment – defendant must reach out to forum in some way. Foreseeability – has to be foreseeable that the defendant would be sued in this forum After establishing a relevant contact, then assess relatedness to determine Specific or General: STEP 2. Relatedness – Does the plaintiff’s claim arise from the defendant’s contact with the forum? If yes; specific If no; general – must establish it had continuous and systematic ties with the forum + they were essentially at home Fairness (this step only applies in specific JRD) Apply the five fairness factors (remember burden on the defendant to prove gravely inconvenient (unconstitutional)
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  • Spring '10
  • RANDALLKELSO
  • Law, statute, State court

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