
	Where results make sense

Topic: Personal jurisdiction

Related Topics

Jurisdiction

Law of the Sea

Divorce

Flag

In the News (Sat 19 Dec 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	Los Angeles Lawyer - Personal Jurisdiction
		Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court.
		Personal jurisdiction is distinguished from subject-matter jurisdiction and jurisdiction in rem.
		In general, to be subject to personal jurisdiction, a defendant that was not personally served with process within the state must have a sufficient level of personal or business contacts with the state in which the court sits that the defendant could reasonbly expect to be sued there.
	www.danataschner.com /personal_jurisdiction.html (674 words)

	[No title]
		Personal jurisdiction Personal jurisdiction refers to the Place4 court's ability to exercise dominion over the parties to this lawsuit so that it can compel their obedience to its judgment in the case.
		As is the case for personal jurisdiction, subject matter jurisdiction is necessary for a court to act in a valid manner; courts that do not have subject matter jurisdiction over the particular dispute brought to it must dismiss such claims when they are presented before it.
		Traditionally, jurisdiction over the person was premised on the physical presence of the individual in the forum; this continues to be a viable jurisdictional basis.
	www.temple.edu /lawschool/dpost/outline.htm (2334 words)

	Personal Jurisdiction
		Jurisdiction over the parties (personal jurisdiction) relates to the question of whether someone from another state, Alaska, New York, or Nevada can be forced to come to the state where the lawsuit was filed (the "forum state") e.g.
		In personam, (or personal jurisdiction) is the power of a court to adjudicate the personal legal rights of parties properly brought before it.
		Jurisdiction may be challenged in a FRCP 12(b) motion or included as a defense in the answer.
	www.west.net /~smith/jurisdiction.htm (1987 words)

	Learning Cyberlaw in Cyberspace - Personal Jurisdiction in Cyberspace
		Personal jurisdiction concerns the power of a court to decide a case between the parties.
		Due process requires only that in order to subject a defendant to a judgement in personam [personal jurisdiction], if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend 'traditional notions of fair play and substantial justice'.
		In the "effects" cases, the Supreme Court based jurisdiction on the principle that the defendant knew that her action would be injurious to the plaintiff, therefore she must reasonably anticipate being haled into court where the injury occurred.
	www.cyberspacelaw.org /kesan/kesan1.html (1875 words)

	[No title] (Site not responding. Last check: 2007-09-17)
		General jurisdiction is needed to confer personal jurisdiction over a defendant when the suit does not relate or arise from the defendant’s contacts with the forum.
		To establish personal jurisdiction, the defendants contacts must be "continuous and systematic" so that he is put on notice that he can be sued in that forum for any cause of action as if he were a resident of that jurisdiction.
		To assert personal jurisdiction, the court found that defendant's conduct was targeted at California because he knew that the conduct would have a harmful effect on a California corporation.
	gsulaw.gsu.edu /lawand/papers/sp97/steffenson.html (5924 words)

	Jurisdiction in rem - Wikipedia, the free encyclopedia
		Jurisdiction in rem (Latin, power about or against "the thing") is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have "in personam jurisdiction".
		Jurisdiction in rem assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property (quasi in rem jurisdiction).
		Within the US state court system, jurisdiction in rem may refer to the power the state court may exercise over real property or personal property or a person's marital status.
	en.wikipedia.org /wiki/Jurisdiction_in_rem (303 words)

	Prof. Pedro A. Malavet, Civil Procedure Notes, Personal Jurisdiction
		Since the International Shoe case was decided the requirements for jurisdiction have been further relaxed, soo that at the present time it is sufficient if the act or transaction itself has a substantial connection with the State of the forum.
		Rule 4(k)(1)(A) authorizes exercise of personal jurisdiction by a federal court only to the extent a state court of the state in which it sits, under the state's long-arm statute, could exercise jurisdiction.
		Jurisdiction is much more difficult to establish if the defendant has not personally entered the state, the defendant's contacts with the state are few or irregular, and the defendant is a purchaser, particularly a consumer-purchaser."
	nersp.nerdc.ufl.edu /~malavet/civpro/notes/part10.htm (3782 words)

	Overview of Personal Jurisdiction -- U.S. Perspective
		Assertions of jurisdiction over the person of the defendant by courts of the United States must comport with due process in order to be enforceable either by the court rendering the judgment or by other state or federal courts.
		Jurisdiction over the Illinois citizen in Indiana would not be proper, since the defendant has no contacts with that forum, but an assertion of jurisdiction by Illinois would be consistent with due process.
		In this situation, the exercise of jurisdiction is always consistent with the principles of the International Shoe line of cases on personal jurisdiction.
	www.kentlaw.edu /cyberlaw/docs/rfc/usview.html (13924 words)

	Subject Matter Jurisdiction @ lawschoolhelp.com
		Subject matter jurisdiction (as opposed to personal jurisdiction) refers to the question of whether a particular court has the power or competence to decide the kind of controversy that is involved.
		In diversity cases the subject matter jurisdiction of the federal courts is defined by who the parties to the lawsuit are rather than the subject matter of the underlying dispute.
		Ancillary jurisdiction allows a federal court to assert jurisdiction over claims that are sufficiently related or subordinated to an action properly within the court's subject matter jurisdiction.
	www.west.net /~smith/smjuris.htm (1659 words)

	Garvey Schubert Barer \| Resource Center
		A domain name is a website address that is registered with a service such as Verisign, Inc. The person registering the domain name may, or may not, have a license for using or a trademark on the name, and hundreds, if not thousands, of cases have arisen regarding the use of unique names.
		Since the Illinois long-arm statute allowed the assertion of jurisdiction to the outer limits of due process requirements, the court’s analysis focused on those elements of the long arm statute permitting it to assert such jurisdiction.
		Usually, in an in personam proceeding, a plaintiff must demonstrate the propriety of the court’s exercise of personal jurisdiction by a preponderance of the evidence.(34) While the court usually construes all relevant allegations in the light most favorable to the plaintiff and draws inferences in favor of jurisdiction, the plaintiff still must meet that burden.
	www.gsblaw.com /resource/pub_result.asp?ID=125102242003 (3394 words)

	The Patry Copyright Blog: Personal Jurisdiction Heats Up
		Personal jurisdiction is, in federal question cases such as copyright, intertwined with service of process.
		A suit for copyright infringement is instituted by the filing of a complaint with the clerk of the district court and serving a copy of the complaint along with a summons on the defendant.
		Technically, FRCP 4 does not directly deal with personal jurisdiction, only service of process, and with the exception of FRCP 4(k)(2), valid service of process does not necessarily ensure that the court may exercise in personam jurisdiction over a defendant.
	williampatry.blogspot.com /2006/01/personal-jurisdiction-heats-up.html (1054 words)

	Parents, Partners, and Personal Jurisdiction: Introduction
		Courts justify such assertions of jurisdiction by arguing that a state must have power to determine the civil status of its citizens (regardless of whether others who may have an interest in that status are within the court's jurisdiction).
		to standard jurisdictional rules, courts and scholars in the past have maintained that the exception preserved state sovereignty over citizens within the territory of the state and protected abandoned spouses from inconvenience and financial hardship.
		Status has been defined as "a personal quality or relationship, not temporary in its nature nor terminable at the mere will of the parties, with which third persons and the state are concerned." 2 JOSEPH H.
	www.law.pitt.edu /wasserman/law2a.htm (2885 words)

	PERSONAL JURISDICTION – AN OVERVIEW
		To exercise personal jurisdiction a court must have authority under statutory or common law, that does not violate the limitations imposed by Constitutional due process.
		Initially, any court could exercise personal jurisdiction of people and property present within the territorial boundaries of the state in which it sits.
		“Exercise of personal jurisdiction complies with constitutional due process requirement only if the defendant’s contact with the forum state sufficiently relates to the plaintiff’s cause of action, and are minimally adequate to constitute purposeful availment and render the resolution of the dispute in the court of the forum state, fair and reasonable”.
	www.lclark.edu /~loren/cyberlaw99fall/projects99/kaupacharya/paper.htm (8225 words)

	CONSUMER LAW : THE INTERNET AND ITS IMPACT UPON PERSONAL JURISDICTION
		A modern jurisdictional analysis should consider the extent to which a defendant purposefully avails itself of the privilege of conducting business in the forum, that the claim must arise out defendant's forum related activities and the exercise of jurisdiction must be reasonable(15).
		If the defendant enters into contracts with residents of a foreign jurisdiction that involve the knowing and repeated transmission of computer files over the Internet, personal jurisdiction is proper...At the opposite end are situations where a defendant has simply posted information on an Internet Web site which is accessible to users in foreign jurisdictions.
		To establish personal jurisdiction over foreign travel suppliers and tour operators under the traditional solicitation-plus doctrine it was necessary to find both solicitation of business and the entering into of reservations' contracts in the forum.
	www.courts.state.ny.us /tandv/JurisdictionAndTheInternet.htm (2479 words)

	Service Problems
		The forum state almost certainly has personal jurisdiction over the D husband because he almost certainly has sufficient contacts with the forum state (i.e., wife and kids there and this is a delinquent child support case) with that state to satisfy
		D – This question is trying to isolate the possibility that some nations may view enforcement of a foreign judgment as implicating national sovereignty as well as consent of the defendant.
		In that case, it is possible that a nation may refuse to recognize and enforce a judgment that is predicated on a form of consent to jurisdiction that is not consistent with the laws of the judgment enforcing nation.
	www-personal.umich.edu /~rabrams/new_pages/service.htm (517 words)

	Legal Definition of Personal Jurisdiction
		PERSONAL JURISDICTION - If the court is being asked to determine any defendant's rights or obligations, it must have the power to make orders concerning the individual defendant.
		For a court to have personal jurisdiction over a defendant, the defendant must have been personally served (or have accepted service of the court papers) and the defendant must have at least some contacts with the state in which the court is located.
		Going into a state regularly to conduct business is usually sufficient for the court to obtain jurisdiction; sending child support payments to a state, without actually visiting the state, however, is not.
	www.lectlaw.com /def2/p211.htm (331 words)

	Nothing Personal? Personal Jurisdiction and the Internet
		The reach of a state's jurisdiction over the people engaged in these pursuits is no longer a problem that concerns only publishers of national magazines or large commercial enterprises.
		The plaintiff holds the trademark for "inset." It sued in Connecticut and the defendant moved to dismiss, alleging a lack of personal jurisdiction.
		Just because a person is good with computers does not mean they know the law or have the knowledge or resources to check their content, or to develop their commercial routines, as a larger, more established operation would.
	www.usual.com /article8.htm (1200 words)

	Personal Jurisdiction on the Internet
		The district court denied Toys R Us' motion that it be permitted to conduct limited jurisdictional discovery and simultaneously granted Step Two's motion to dismiss for lack of personal jurisdiction.
		The newspaper defendants filed motions to dismiss the complaint under FRCP 12(b)(2), claiming lack of personal jurisdiction in the Western District of VA. The Advocate was a free newspaper that was published once a week in
		In conclusion, the court opined that Pavlovich’s mere foreseeability of injury in CA is not sufficient for jurisdiction.
	www.lrdc.pitt.edu /Ashley/CyberlawUpdates/CLS-personaljurisdiction.htm (1858 words)

	Jurisdiction Cases
		Such nationwide jurisdiction is not consistent with personal jurisdiction case law.
		The court applied the Illinois long arm statute, which extends jurisdiction to the limits of that permitted under the constitution, 735 ILCS 5/2209(c), and concluded that asseting jurisdiction over the Defendant would not violate the federal constitutional limits.
		The California court held that jurisdiction was "proper because Toeppen's out-of-state conduct was intended to, and did, result in harmful effects in California." It reasoned that "Toeppen allegedly registered Panavision's trademarks as domain names with the knowledge that the name belonged to Panavision and with the intent to interfere with Panavision's business.
	www.cli.org /jurisdictioncases.htm (5226 words)

	Jurisdiction Cases
		Court found personal jurisdiction based on fact that defendant posted information about its services on its web site and entered into on-line subscription contracts with 3,000 residents of the forum state (Pennsylvania), as well as service contracts with Pennsylvania Internet Service Providers.
		The District Court concluded that exercising personal jurisdiction over a Georgia Corporation, based on the maintenance of a web site and 6 contracts with New York residents was reasonable.
		A finding of "general" jurisdiction, the court noted, requires the defendant's activity with the forum state to be "continuous and substantial;" a threshold requirement not established in this case.
	www.cli.org /DPost/jcases.html (2855 words)

Try your search on: Qwika (all wikis)