Was D present in the forum state when process was served to him?

No

Yes

There is valid PJ no matter how briefly D was in state or purpose of being there: Burnhan v. Superior Court

Does the forum states long-arm statute provide for jurisdiction over D?
Yes

No

The forum state cannot exercise PJ over D- even if D had min. contacts as to not violate due process

Are any of the following true? 1. Is D domiciled or incorporated in the f.s? 2. Has D consented to be sued in the f.s.? 3. D owns property in the f.s.? 4. D regularly transacts business in the forum state? Voluntary and unambiguous so they trump Minimum contacts analysis No Are at least some of the contacts with the f.s. voluntary? Yes Does the cause of action arise out of or relate to Ds contacts with the forum state? Yes: Specific J, No: General J Yes No Yes No

Yes

There is valid PJ

No Are Ds contacts with the forum state systematic and continuous?

D lacks min. contacts and didnt purposefully avail and therefore no PJ

No

Contacts will be deemed not minimum and thus not sufficient for Jurisdiction. Perkins v. Benguet

Are Ds contacts with the f.s. sufficiently great that they should be deemed minimum contacts? i.e. could D have anticipated litigation in the f.s.? Yes
Is jurisdiction reasonable i.e. does it comport with traditional notions of fair play? Burden on defendant? See Asahi No

D lacks min. contacts with the forum and therefore cant ex. PJ over him.

Even though D has min contacts, due process prevents ex. Of J Yes There is valid PJ

Personal Jurisdiction? General Jurisdiction? Specific Jurisdiction? - does the state long arm statute give PJ? DP analysis: 1) what type of contacts does defendant have with state? Minimum Contacts Standard- Yes:
International Shoe, Burger King No: WWV

Is defendant domiciled in the state? Is the corporation incorporated or headquartered there? Perkins Has defendant been tagged in the state?
Burnham

Did defendant consent to jurisdiction? Did defendant have continuous and systematic contacts with the state? No:
Goodyear

Does the cause of action arise from the contacts? Yes: McGee Passive v. active? Yes: Calder, Burger No: ALS Scan
(Zippo sliding scale test)

Stream of commerce? Nicastro, 2) is it fair and reasonable to sue the defendant in that state? notions of fair play and substantial justice

In rem? -Does the property have to do with claim?

No: Shaffer

State Court -No diversity -Do not arise from federal law Federal Court Only: *Diversity (1)complete diversity- diverse across v. and (2) $75,000 claim *Federal Question Cases

Federal Court (Exclusive Jurisdiction) -patent -copyright -admiralty -bankruptcy