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  • Personal Jurisdiction:: Case & Casebook Page No. Subject Area Rule Compare / Contrast With

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    Personal jurisdiction refers to a court's authority to render a binding judgment over a person or entity. It is tied to the state in which the federal court sits or nationwide jurisdiction. Pennoyer v. Neff established that a state's power over people and property is limited to within its own boundaries. For a court to exercise jurisdiction over an out-of-state defendant, the defendant must have minimum contacts with the state and it must be fair to require the defendant to litigate in that state.

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    Personal jurisdiction refers to a court's authority to render a binding judgment over a person or entity. It is tied to the state in which the federal court sits or nationwide jurisdiction. Pennoyer v. Neff established that a state's power over people and property is limited to within its own boundaries. For a court to exercise jurisdiction over an out-of-state defendant, the defendant must have minimum contacts with the state and it must be fair to require the defendant to litigate in that state.

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    6 views9 pages

    Personal Jurisdiction:: Case & Casebook Page No. Subject Area Rule Compare / Contrast With

    Uploaded by

    bluwingznthingz
    Personal jurisdiction refers to a court's authority to render a binding judgment over a person or entity. It is tied to the state in which the federal court sits or nationwide jurisdiction. Pennoyer v. Neff established that a state's power over people and property is limited to within its own boundaries. For a court to exercise jurisdiction over an out-of-state defendant, the defendant must have minimum contacts with the state and it must be fair to require the defendant to litigate in that state.

    Copyright:

    © All Rights Reserved
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    of 9

    Personal Jurisdiction:

    Power of a court to engage in binding


    adjudication over a person or thing; DC's
    authority tied to the state in which the fed
    court sits OR "nationwide jdxn"
    Case & Casebook Page No. Subject Area Rule
    Compare /
    Contrast
    with
    Pennoyer v. Neff
    Historical Reqmts,
    State Boundaries
    as Source of Power;
    Notice
    State power over people
    & things begins & ends
    with its boundaries
    Requisites:
    1. Presence / Consent / Long Arm Statute (DP
    - min contacts + fairness)
    2. Notice
    Stakes: Potential Advantages for P - 1. Convenience to P 2. P's
    Choice of Procedural Rules / Substantive Law
    3. Bias Against Out-of-State/ Big-city Ds
    4. Lawyer's familiarity w/ Court's rules
    5. General Social / Economic / Political Characteristics of Jurors &
    Judges 6. Case Backlog (trial waiting time)
    Unresolved Issues
    Territorial theory not workable in
    mobile society; in-state service not
    necessary w/ advamces in technology
    Stakes: Potential Advantages for P - 1. Convenience to P 2. P's
    Choice of Procedural Rules / Substantive Law
    3. Bias Against Out-of-State/ Big-city Ds
    4. Lawyer's familiarity w/ Court's rules
    5. General Social / Economic / Political Characteristics of Jurors &
    Judges 6. Case Backlog (trial waiting time)
    Analysis

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