Personal jurisdiction - Next Generation Bar Exam

1. Where is a defendant subject to general jurisdiction?

   Where it is essentially at home. General jurisdiction permits suit on any claim, even one unrelated to the forum.

2. Under the Rule 4(k)(1)(B) bulge provision, who may be served within 100 miles of the courthouse?

   Parties joined under Rule 14 or Rule 19. Service within 100 miles, even across state lines, establishes jurisdiction over those parties.

3. Under Rule 4(k)(1)(A), how far does a federal district court's personal jurisdiction ordinarily extend?

   As far as a court of general jurisdiction in the state where the district court sits. Federal courts generally borrow the forum state's long-arm statute and its due process limits.

4. What due process test governs a court's exercise of personal jurisdiction over a nonresident defendant?

   Minimum contacts with the forum such that suit does not offend traditional notions of fair play and substantial justice. The test comes from International Shoe Co. v. Washington.

5. On what basis did Burnham v. Superior Court uphold jurisdiction over an individual served in the forum?

   Personal service while the defendant was voluntarily present in the forum state. Transient, or tag, jurisdiction satisfies due process without a minimum-contacts analysis.

6. Under Ford Motor Co. v. Montana Eighth Judicial District, what connection between the claim and the defendant's forum contacts suffices?

   A claim that relates to the contacts, even without a strict causal link. The relationship must still be close enough to satisfy due process.

7. Which fairness factors may make jurisdiction unreasonable despite minimum contacts?

   The burden on the defendant, the forum's interest, the plaintiff's interest, and efficiency and shared policy interests. These factors rarely defeat jurisdiction once purposeful contacts are shown.

8. Where is a corporation ordinarily at home for general jurisdiction?

   Its state of incorporation and the state of its principal place of business. Doing substantial business in a state is not enough by itself.

9. Where is an individual at home for general jurisdiction?

   In the state of the individual's domicile. Domicile is the place of residence with intent to remain indefinitely.

10. Under the effects test of Calder v. Jones, what supports jurisdiction over a defendant whose conduct occurred elsewhere?

    Intentional conduct expressly aimed at the forum and causing harm the defendant knew would be felt there. Walden v. Fiore requires that the contacts be with the forum itself, not merely with a plaintiff who lives there.

11. An Ohioan sues in Ohio, over a Florida injury, a company incorporated in Delaware and headquartered in Texas that sells nationwide. Why does Ohio lack general jurisdiction?

    The company is not at home in Ohio, which is neither its state of incorporation nor its principal place of business. Nationwide sales do not make a corporation at home in every state.

12. By what means may a defendant consent to personal jurisdiction?

    By a forum-selection clause, a general appearance, or failing to timely raise the defense. Personal jurisdiction is a waivable personal right.

13. What are the requirements of specific jurisdiction?

    Purposeful availment of the forum, a claim arising out of or relating to those contacts, and reasonableness. Contacts must result from the defendant's own choices, not the unilateral acts of others.

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