Outlining

1
Outlining

• Outlining is important for this course so that
  you can have ready access to the rules from the
  cases on the open book exam
• It is also important just in general, because
  DOING IT actually makes you learn the cases!
• It may seem like a pain, but it doesnt have to
  be

2

• First
• Use Professor Steinmans Syllabus as a skeleton
  outline

• Personal jurisdiction Over whom or what may a
  state court exercise its authority?
• The necessary relationship between the defendant
  and the state
• Historical focus on the power of the forum state
  to enforce its judgment

3

• Second
• Fill in Case names

• Personal jurisdiction Over whom or what may a
  state court exercise its authority?
• The necessary relationship between the defendant
  and the state
• Historical focus on the power of the forum state
  to enforce its judgment
• Cases
• Pennoyer v. Neff
• Harris v. Balk
• Hess v. Pawlowski

4

• Now fill in the cases
• You should include at least
• The RULE of the case (i.e. what the case stands
  for.
• Example Pennoyer v. Neff stands for the
  traditional state power theory of personal
  jurisdiction
• The Courts Reasoning (enough so that you know
  WHY the case came out this way)
• Example The Pennoyer court relied on
  traditional notions of state sovereignty
• Critical Facts (again, enough so that you can
  recognize the fact pattern in the case)
• Example In Pennoyer, the defendants property
  was NOT attached at the commencement of the
  lawsuit

5

• When filling in the case RULE
• You can use a source such as Gilberts Outline as
  a way to pinpoint what the rule is.
• BUT!
• Always be sure to rely on what you get from class
  discussion over what Gilbert (or any other
  outline) says. Sometimes professors emphasize
  different things about cases then the commercial
  outlines do.

6

• When filling in the REASONING
• The reasoning of the court is helpful for you in
  your analysis of exam questions.
• For example, since we know that in World Wide
  Volkswagon, the court stated that the stream of
  commerce ENDS with purchase by the consumer
• We can apply that reasoning if we find similar
  facts in the exam question
• For example what if the hypo is about personal
  jurisdiction over a company that builds electric
  eyes for elevators who is the consumer? Where
  does the stream end? Could anyone using the
  elevator be considered a consumer?... Analogize
  from Grey, WWV and Asahi and make a reasoned
  judgment

7

• When filling in the CRITICAL FACTS
• This is the meat and potatos of
  exams(woman)ship!!
• Pay special attention to dispositive facts in a
  case. THIS is exactly what you are looking for
  in the exam.
• For example What if an exam hypo states the
  following facts
• Joe Jones from Illinois married a woman from
  Germany. They moved to Indiana for school, where
  they recently discovered that their landlord was
  constantly listening to them through a bug he had
  installed in their apartment.
• WHAT case does that sound like?
• MAS V. PERRY of course!

8
Next

• Some writing.
• So, take out a piece of paper

9
PJ Hypo

• John Jones, president of Kent, Inc. located in
  New York City, was attending an international
  retreat of his company at the Sunset Hotel
  (Sunset) in Hong Kong, part of the Elegance
  Worldwide Hotel chain. After a long day of
  business discussions, he decided to relax in the
  hotel pool. He drowned in the pool while the two
  lifeguards were both having coffee. When they
  found him, they refused to administer the proper
  lifesaving procedures.
• Kents education department had received an
  attractive brochure featuring the new pool from
  Sunset earlier in the year. Kent had had two
  international meetings at Sunset in years past.
  Kent entered into several months of negotiations
  with Sunset about rates, dates and specifications
  of meeting rooms.
• Mrs. Jones filed a wrongful death suit against
  Sunset in the federal court for the Southern
  district of NY. NYs long arm statute provides
  for jurisdiction over an out of state defendant
  for a cause of action arising from the
  defendants transaction of business in the state.
  In its answer, Sunset raised as a defense, lack
  of personal jurisdiction. What result? (Do not
  analyze notice)

10
PJ Answer Outline

• 1. State statute provides for jurisdiction
  over an out of state defendant for a cause of
  action arising from the defendants transaction
  of business in the state. Did Sunset transact
  business in the state?
• Yes they sent brochures and negotiated
  contracts
• No they only transacted business in Hong Kong.
• Can argue both but probably Jx is ok under the
  state statute.
• 2. 14th Amendment due process requires Invoked
  basis and reasonable notice
• Traditional Pennoyer bases
• Citizenship? No
• Consent? No
• Presence of property? No
• Status? No
• Personal service in state? No
• Minimum contacts depends on quality and nature
  of acts within the state, and fair and orderly
  administration
• Purposeful availment (depends on chosen intent to
  benefit, and foreseeability of being haled into
  court)
• Acts within the state single isolated or
  continuous systematic? Probably Single isolated
  negotiations and sending of brochures. Analyze
  under McGee, single contact can be enough if
  related)
• Related or unrelated? Analyzed under McGee, the
  sending of the brochures is related to the
  accident, even though the accident probably
  doesnt arise out of the brochures.
• Acts outside of state MUST be related to claim
• Can also analyze under Burger King, intentional
  affiliation with forum actor. Use the
  negotiations and the fact that Sunset had hosted
  2 of Kents International meetings.
• Fair and orderly administration of the laws
• Burden on defendant to defend in NY? Is not so
  big, they are an international chain.