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Long arm statute

A state law that allows a state to exercise jurisdiction


out of state defendant, provided defendant has
sufficient minimum contacts wit the forum state.
Worldwide Volkswagen Corp. vs
Woodson
Issue: Whether or not Oklahoma court may exercise in personam
jurisdiction over a non resident defendant in a product liability suit
when the only connection with Oklahoma is the fact that an auto
sold in New York to NY residents became involved in an accident
in Oklahoma

Ruling: No. The Supreme Court reversed the Oklahoma courts


ruling. Forseeability of being asked to defend a suit in particular
forum is not sufficient benchmark for personal jurisdiction under
the Due Process Clause. Instead, it is the defendants conduct and
connection with the forum state that determines whether it is
reasonable for defendant to be haled into court. Because Seaway
and Worldwide had no contacts, ties or relations with the state of
Oklahoma, jurisdiction would violate the Due Process Clause.
Filartiga vs Pena-Irala

Issue: Whether or not for purposes of the Alien Tort Statute, torture
may be considered to violate law of nations

Ruling: Yes. For purpose of the Alien Tort Statute, torture may be
considered to violate law of nations. The prohibition against torture
has become part of customary international law. Various United
Nations declarations such as the Universal Declaration of Human
Rights and the 1975 Declaration on the Protection of all persons
from torture further portrays the fact that prohibition against torture
has become part of customary international law. Torture has been
officially renounced in the vast majority of nations and this is the
reason why this court concluded the torture violates the law of
nations

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