Agenda for 20th Class
• Name plates out
• Personal Jurisdiction:
– Shaffer, Burnham
• Next Class
– Yeazell 112- 118 (Burger King)
– Handout (internet jurisdiction)
– Questions to think about / Writing Assignment
• Briefly summarize Burger King
• Yeazell pp. 117ff. Q1, 2
• If you buy Duck Boots mail order from LLBean and pay with a check.
Your check bounces. LLBean sues in Maine, where it is
headquartered. Does the Maine court have jurisdiction over you?
• Handout Problems 2-18 to 2-20
1
New System for Writing
• 3rd TA: Paul Dagostino
• All assignments due on Mondays should be emailed to
paul.dagostino.2014@lawmail.usc.edu
• All assignments due on Wednesdays should be emailed to
joel.frost-tift.2014@lawmail.usc.edu
• All assignments due on Fridays should be emailed to
jessica.culpepper.2014@lawmail.usc.edu
• Same for Optional Assignments
– Email to TA who is grading mandatory assignments due on
that day.
• Same for Group Assignments
– Email to TA who is grading mandatory assignments due on
that day.
• New system is on webpage for easy reference
2
McIntyre Questions (continued)
• If you were on the Supreme Court, in what situations would you allow those
injured by products to sue the manufacturer? Would you adopt White’s
Stream of Commerce theory? O’Connor’s Stream of Commerce plus?
Kennedy’s theory in McIntyre? Some other rule?
3
Statutes & the Constitution
• Hypo
– Car accident in West Dakota
– Defendant is citizen & resident of California
– Defendant owns real property in West Dakota
– Plaintiff is citizen of West Dakota
• Is jurisdiction proper if West Dakota has the following statute:
• “West Dakota trial courts may exercise jurisdiction on any basis not
inconsistent with the Constitution of the United States.” (West Dakota
Statute I)
• Is jurisdiction proper if West Dakota has the following statute:
• “West Dakota trial courts may exercise jurisdiction over an individual only
if that individual is a resident or citizen of West Dakota.” (West Dakota
Statue II)
• Is jurisdiction proper if West Dakota has the following statute:
– “West Dakota trial courts may exercise jurisdiction over an individual only
if that individual is a resident or citizen of West Dakota or if the individual
own real property in West Dakota.” (West Dakota Statue III)
• Remember to consider both whether there is statutory authorization for
jurisdiction and whether jurisdiction is constitutional
4
Questions on Shaffer & Burnham
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•
•
•
Briefly summarize Shaffer
P. 100ff Q3, 4
Briefly summarize Burham
Do you think jurisdiction based on presence makes sense? Should it be
constitutional?
– How far would you extend jurisdiction based on presence? In answering
that question, consider:
• Pp. 145ff Q 3
• Grace v. MacArthur, summarized on slide 5 of Class 17 handout
• Given that Burnham is now established law, how do you think courts should
resolve the cases described in
– Pp. 133ff Q 3 Grace v. MacArthur, summarized on slide 5 of Class 17
handout
5