Criminal Law
bar exam preparation notes summer 2024

Steps of Analysis

PJX analysis flow

Where was d properly served?

If in forum state: Traditional test (general Jx applies)

  • Domicile
  • Presence
  • Waiver
  • Consent

General jurisdiction: claims do not have to arise from or relate to d’s contacts with forum state – d can be sued for essentially anything (i.e. courts have pjx over d generally)

If not served in forum state:

  • Is d citizen of forum state?
  • No > is there a long arm statute? If yes, long arm statute > were there minimum contacts? > was there fair play/substantial justice? (discuss factors and come to conclusion about fairness)

  • This takes us to specific jurisdiction (plaintiff’s claims arise out of or relate to the d’s contact with the forum state (i.e. courts have pjx over d in this specific dispute))

Watch out because contacts might be so substantial that the d is essentially “at home” in forum state (if at home court has general jurisdiction) - in other words, “so systematic and continuous that d is essentially at home in the forum state”

If unsure, do purposeful availment analysis: The d purposefully availed themself of the benefits of the forum state AND should have anticipated that PJx was foreseeable/reasonable (only go to purposeful availment analysis if …).

Remember PRESENCE!! If person properly served in forum state, general jurisdiction is proper based on presence alone.