In Personam Personal Jurisdiction over an Individual in a Specific Forum
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether the court has personal jurisdiction over the defendant.
Analysis
R: A federal court generally determines personal jurisdiction as if it were a state court in its location, meaning personal jurisdiction can be established either by (1) traditional bases of jurisdiction, or (2) if authorized by statute, by (3) satisfying Due Process requirements for non-residents.
1. Traditional Bases
R: The court may assert personal jurisdiction over a defendant based on (1) service of process, (2) consent, or (3) domicile. Personal jurisdiction which such bases satisfies the requirements of Due Process.
A: Here, the court likely [has/does not have] person jurisdiction through [service of process/consent/domicile].
a. Physical Service of Process
R: Personal jurisdiction is established if the defendant is (1) physically present in the state and is served with process, provided the presence is not due to fraud or judicial coercion, or (2) served with process within a 100-mile radius from where the summons is issued.
A: Here, [apply rule to facts].
C: Therefore, Defendant [was/was not] served with process.
b. Consent
R: A defendant may consent to personal jurisdiction through (1) authorization by an agent, (2) failure to timely object by motion or answer (waiver), (3) registration to do business in the forum, (4) a contractual forum-selection clause, or (5) implied consent by conduct, such as filing a counterclaim or appearing in the forum state.
A: Here, [apply rule to facts].
C: Therefore, Defendant [did/did not] consent to personal jurisdiction.
c. Domicile
R: If authorized by statute, personal jurisdiction may be established over a defendant domiciled in the state, which is defined as residing in the state with an intent to remain indefinitely, even if temporarily absent.
A: Here, [apply rule to facts].
C: Therefore, Defendant [was/was not] domiciled in the forum.
2. Non-Resident Statutory Authorizations
R: If traditional bases do not establish personal jurisdiction, a court may gain jurisdiction over a non-resident defendant if authorized through (1) a state long-arm statute or (2) Federal Rule 4(k)(2), so long as it satisfies Due Process Clause requirements.
a. State's Long-Arm Statute
R: Many state long-arm statutes authorize personal jurisdiction over non-residents to the extent allowed by the Due Process Clause. Some states, however, impose restrictions, allowing jurisdiction only for specific activities within the state, such as (1) property ownership, (2) tortious acts, or (3) contractual relationships. In restricted jurisdictions, the court must verify compliance with the statute before moving to due process analysis.
A: Here, [apply rule to facts].
C: Therefore, the forum’s long-arm statute [does/does not] authorize personal jurisdiction over non-residents to the extent permissible under the Due Process Clause.
b. Federal Rule 4(k)(2)
R: When (1) no state court can exercise jurisdiction over the defendant and (2) the claim arises under federal law, Rule 4(k)(2) may authorize jurisdiction to the extent permitted by the Due Process Clause.
A: Here, [apply rule to facts].
C: Therefore, Rule 4(k)(2) [permits/does not permit] the court to exercise personal jurisdiction to the extent permissible under the Due Process Clause.
3. Due Process
R: Due process requirements are satisfied if the non-resident defendant has sufficient (1) minimum contacts with the forum state, and the exercise of jurisdiction (2) does not offend traditional notions of fair play and substantial justice.
a. Minimum Contacts
R: A defendant’s contacts with the forum state must be (1) purposeful and substantial, such that the defendant should (2) reasonably anticipate or foresee being taken to court there, which is established (a) when the cause of action arises out of or closely relates to the defendant’s contact with the forum state, even if the contact is the defendant’s only contact with the forum state (Specific Jurisdiction) or (b) where the defendant’s contacts are continuous and systematic, even if the cause of action does not arise out of or closely relate to the defendant’s contact with the forum state (General Jurisdiction).
A: Here, [apply rule to facts].
C: Therefore, Defendant’s [has/does not have] sufficient minimum contacts with the forum state.
b. Fair Play and Substantial Justice
R: If minimum contacts are established, the court must confirm that exercising jurisdiction would not offend traditional notions of fair play and substantial justice. Relevant considerations include (1) the forum state’s interest, (2) the defendant’s burden in appearing, (3) judicial efficiency, and (4) shared interests of the states in promoting common social policies.
A: Here, [apply rule to facts].
C: Therefore, maintaining the action [does/does not] offend traditional notions of fair play and substantial justice.
Conclusion
C: Therefore, the court [does/does not] have personal jurisdiction over the defendant.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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