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CONCEPTUAL FRAMEWORK Choosing a Trial Court

CONCEPTUAL FRAMEWORK Choosing a Trial Court. +. +. PERSONAL JURISDICTION: Federal Court. Burger King What court? Federal D. Ct. (FL). PERSONAL JURISDICTION: Federal Court. PJ Framework in federal court? Rule 4(k)(1)(A) incorporates state law pj req’ts Rule 4(k)(2)

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CONCEPTUAL FRAMEWORK Choosing a Trial Court

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  1. CONCEPTUAL FRAMEWORK Choosing a Trial Court + +

  2. PERSONAL JURISDICTION: Federal Court • Burger King • What court? • Federal D. Ct. (FL)

  3. PERSONAL JURISDICTION:Federal Court • PJ Framework in federal court? • Rule 4(k)(1)(A) • incorporates state law pj req’ts • Rule 4(k)(2) • Fed PJ over def. not subj. to state gen’l jurisd.

  4. Federal Court PJ Power FR 4(k) Process FR4(a)-(j), (n) (1)(A) PJ in State (1)(D) U.S. Statute (1)(B) 100 mi. Bulge (FR 14 or 19) (1)(C) Fed. Inter- pleader (2) Const. + No State Gen’l Jurisd.

  5. SKILLS: ARGUING FROM PRECEDENT Hypotheticals Chocolates, Chocolates, Chocolates • Chapter 1: Death by Chocolate • WA Tristia buys WA Jessica’s chocolates in N.Y. Choc’s distributed by N.Y. Brandon. Tristia stays in N.Y.

  6. SKILLS: ARGUING FROM PRECEDENT Hypotheticals Chocolates, Chocolates, Chocolates • Chapter 2: Cataloguing Chocolates • CA J-Lo buys WA Jessica’s chocolates via nat’l catalogue

  7. SKILLS: ARGUING FROM PRECEDENT • Minimum contacts • Contacts • Claim/contact relationship • Purposeful availment • Foreseeability • Substantial Justice & Fair play • Burden on Defendant • Plaintiff’s interests • Forum state’s interests • Interests of “the several states”

  8. TAKEAWAYSBurger King • Conceptual Frameworks • Const. Limits v. State Authorization • Federal Court Personal Jurisdiction • FR 4(k) • Overlap of Power & Process • FR4(k)(1)(A) piggybacks on state law

  9. TAKEAWAYSSpecific Jurisdiction • Skills: Arguing From Precedent • Broad & Narrow Case Holdings • Synthesizing “Rule” of Cases • Identifying “sub-tests”

  10. TAKEAWAYSSpecific Jurisdiction • Skills: Recognizing Recurrent Arguments • Rules & standards

  11. TAKEAWAYSSpecific Jurisdiction • Doctrine • Elaborating “minimum contacts” • Claim/contact relationship • “Purposeful availment” • “Foreseeability”

  12. TAKEAWAYSSpecific Jurisdiction • Doctrine • Substantial Justice & Fairplay • A separate factor? • Considerations • Burden on defendant • Interests of forum state • Plaintiff’s interest • Interests of the “several States”

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