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Jurisdiction (Law 537) Personal Jurisdiction Flowchart

Sandra Watson
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University of Michigan

Jurisdiction (LAW 537)

I. Did ∆ consent?
a. Appearance without challenging personal JX constitutes consent.
b. Signing forum-selection clause may constitute consent.
i. M/S Bremen v. Zapata: Forum-selection clauses are prima facie valid
ii. Carnival: True even where it’s an adhesion K. Just has to be reasonable
(minimizing exposure for ∆; reducing uncertainty;
1. Incredibly hard to prove unreasonability. Has to be, like, fraud, or
II. Was ∆ personally served in the forum? (Tag JX)
a. Team Scalia says this is enough because it’s traditional. Burnham.
b. Team Brennan says this is allowed because it’s fair– getting the benefit of the
forum for 3 days. Burnham
c. MAYBE: Will this count for an agent of ∆ being personally served?
i. 5th Circuit says no. Siemer.
III. ∆ wasn’t present in the forum at the time. (Long-Arm JX)
a. Note: Analysis is the same for state or federal court. FRCP 4(k)
b. Specific Jurisdiction–The litigation is related to something that happened in the
i. STATUTE: Is there a statute authorizing exercise of JX?
1. Analyze even if the problem ø give you the statute. They usually
are written to be coextensive with Constitution
ii. CONSTITUTION: Does ∆ have such minimum contacts that exercise of JX
comports with traditional notions of fair play and substantial justice?
International Shoe
1. Minimum Contacts
a. Products Liability
i. WWVW: Foreseeable purchase test. No JX
1. Π brought it to forum
2. It was isolated
3. No targeting– no sales, marketing, ads
4. Policy– scared of little guy being haled into
faraway court on foreseeability
5. DISSENT– if state’s interest big enough, ∆
must show actual burden
ii. Asahi–O’Connor: Purposeful directing test. No JX
1. Stream of comm. not enough (here
intermediary in TaiwanCA)
2. Ø create/control distribution systems
3. Need extra showing of directing:
a. Designing for the market
b. Advertising in the market
c. Channels for advising people in the
d. Marketing through distributor-cumsales-agent



Jurisdiction (Law 537) Personal Jurisdiction Flowchart

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