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| | Learning Cyberlaw in Cyberspace - Personal Jurisdiction in Cyberspace |
 | | Personal jurisdiction concerns the power of a court to decide a case between the parties. | | | In order for a court to exercise jurisdiction there must be a statutory or common law source of jurisdiction, which does not surpass the limitations imposed by constitutional due process. | | | A court may exercise personal jurisdiction over a person domiciled in, organized under the laws of, or maintaining his or its principal place of business in, this state as to any [cause of action] [claim for relief]. |
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http://www.cyberspacelaw.org/kesan/kesan1.html
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| | Jurisdiction - Free Encyclopedia |
| | A court whose subject-matter jurisdiction is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction. | | | Jurisdiction is the power of a court to hear and decide a case before it. | | | The United States federal courts are courts of limited jurisdiction: they may only hear cases arising under federal law and treaties, cases involving ambassadors, admiralty cases, controversies between states or between a state and citizens of another state, lawsuits involving citizens of different states, and against foreign states and citizens. |
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http://www.wacklepedia.com/j/ju/jurisdiction.html
(470 words)
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| | Internet Personal Jurisdiction |
| | Personal jurisdiction is the power of a court to decide a matter in controversy and the control by that court over the subject matter and the parties involved. | | | Compuserve then sought a declaratory judgment in Ohio, which was dismissed for lack of personal jurisdiction by the district court. | | | A court cannot assert its jurisdiction over a non-resident defendant unless there is statutory authority that allows for the exercise of that jurisdiction. |
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http://gsulaw.gsu.edu/lawand/papers/fa99/west
(2465 words)
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| | Personal Jurisdiction |
| | In personam, (or personal jurisdiction) is the power of a court to adjudicate the personal legal rights of parties properly brought before it. | | | Jurisdiction refers to the power of the court to decide a case. | | | Jurisdiction is of two types: Subject matter jurisdiction and jurisdiction over the parties. |
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http://www.west.net/~smith/jurisdiction.htm
(1987 words)
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| | Personal Jurisdiction |
| | Personal jurisdiction is the power of a court to adjudicate and enforce its orders over a person (or entity). | | | As the case shows, a jurisdiction defense should be raised with the court by way of a motion to dismiss early in the process. | | | Under both federal and state common law, when a lawsuit is commenced, a defendant must raise its objection to personal jurisdiction, if there is one, either in its answer or in a pre-answer motion to dismiss the complaint. |
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http://vincenti.com/html/personal_jurisdiction.html
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| | [No title] |
| | The traditional law of Personal Jurisdiction in the United States is reflected in the United States Supreme Court decision of Pennoyer v. | | | Regardless of the court, the state in which the court is located must have a long-arm statute to authorize personal jurisdiction over an out of state resident. | | | The law of personal jurisdiction is not as muddy or as difficult to extend to include cyberspace as some would argue or imply. |
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http://gsulaw.gsu.edu/lawand/papers/sp97/steffenson.html
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| | [No title] |
| | 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. | | | 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. | | | Subject matter jurisdiction Courts are not only restricted in terms of the persons over whom they can exercise power, they may be restricted in terms of the kinds of disputes that they can adjudicate. |
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http://www.temple.edu/lawschool/dpost/outline.htm
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| | Legal Definition of Personal Jurisdiction |
| | 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. | | | Personal jurisdiction is also called "in personam 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. |
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http://www.lectlaw.com/def2/p211.htm
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| | Prof. Pedro A. Malavet, Civil Procedure Notes, Personal Jurisdiction |
| | 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. | | | The District Court denied their motions after a hearing, holding that, pursuant to Florida's long-arm statute, "a non-resident Burger King franchisee is subject to the personal jurisdiction of this Court in actions arising out of its franchise agreements." [731]. | | | Section 16 of the Civil Practice Act provides that summons may be personally served upon any party outside the State; and that as to nonresidents who have submitted to the jurisdiction of our courts, such service has the force and effect of personal service within Illinois. |
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http://nersp.nerdc.ufl.edu/~malavet/civpro/notes/part10.htm
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| | [No title] |
| | A federal court has personal jurisdiction only if the state in which it sits would have had jurisdiction. | | | The court holds that this is an attempt at general jurisdiction and that the contacts are not sufficient to support a finding of general jurisdiction. | | | The court says that jurisdiction is proper because when you drive you consent to allowing the registrar of the state to be your personal agent, so this is personal service. |
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http://www.law.georgetown.edu/sba/documents/CivPro-Vladeck.doc
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| | GigaLaw.com: A Limit to Personal Jurisdiction Online |
| | Personal jurisdiction is jurisdiction over the defendant himself -- literally, in the case of an individual, over his person. | | | For personal jurisdiction to exist, the Supreme Court has said, a defendant must have sufficient "minimum contacts" with the state that the assertion of jurisdiction over him or her does not violate "traditional notions of fair play and substantial justice." | | | Summary: The California Supreme Court has placed a limit on "personal jurisdiction" in cyberpsace. |
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http://www.gigalaw.com/articles/2002-all/hodes-2002-12-all.html
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| | District Court Squeezes Sharman on Internet Based Personal Jurisdiction, 1/9/03. |
| | The Court held that because of publication on the Internet, the Australian courts have jurisdiction, that Australian law applies, and that the case should proceed in the trial court in the Australian state of Victoria. | | | However, their actions are not inconsistent with the hypothesis that the purpose is to evade personal jurisdiction in U.S. courts, and seizure of assets in the event of an adverse judgment. | | | The Court based its finding of personal jurisdiction largely on the fact that Sharman had made the KMD software available to about two million residents of the state of California. |
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http://www.techlawjournal.com/topstories/2003/20030109.asp
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| | The Subpoena Power: Part II |
| | It is true that we have stated that the requirement of personal jurisdiction, as applied to state courts, reflects an element of federalism and the character of state sovereignty vis-a-vis other States. | | | If the plaintiff's suit is dismissed for lack of personal jurisdiction by state A, the plaintiff is likely to refile in State B, where the court has jurisdiction over the defendant. | | | "[I]n the absence of a federal rule or statute establishing a federal basis for the assertion of personal jurisdiction, the personal jurisdiction of the district courts is determined in diversity cases by the law of the forum State." Id. |
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http://www.law.pitt.edu/wasserman/law6c.htm
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| | Jurisdiction |
| | During the latter part of 1996, a wave of court decisions relating to personal jurisdiction surged out of United States trial courts. | | | The doctrine of “personal jurisdiction” limits the set of persons over whom a court may exercise its power. | | | Revisit the UDRP and pay particular attention to the jurisdictional aspects of the policy and the manner in which ICANN negotiates potential conflicts of judgments with conventional courts of law (see paragraph 4.k.). |
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http://cyber.law.harvard.edu/property00/jurisdiction/main.html
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| | 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). | | | have to be personal jurisdiction of the parties;" but concluding that a court may proceed as long as it has jurisdiction over the child and the person in actual control of the child). | | | Generally speaking, a state court can compel a person to appear and defend a civil suit only if the defendant has minimum contacts with the state such that the assertion of jurisdiction over her would be fair and reasonable. |
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http://www.law.pitt.edu/wasserman/law2a.htm
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| | Prof. Pedro A. Malavet, Civil Procedure Notes, Personal Jurisdiction |
| | With natural persons, the state of defendant's domicile may exercise jurisdiction that is analogous to general jurisdiction. | | | Audi chose not to challenge to the Supreme Court, it appeared to assume that it was subject to personal jurisdiction in Oklahoma. | | | A person gets up from their seat and hands you a summons and complaint issued by and filed in the courts of Tennessee. |
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http://nersp.nerdc.ufl.edu/~malavet/civpro/notes/part11.htm
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| | Jurisdiction Cases |
| | Defendant moved to dismiss on the ground that the court lacks personal jurisdiction. | | | 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. | | | The court correctly, applying traditional and long-standing notions of personal jurisdiction, rejected the claim. |
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http://www.cli.org/DPost/jcases.html
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| | Nothing Personal? Personal Jurisdiction and the Internet |
| | The concept of personal jurisdiction is fundamental to American law. | | | The court agreed there was no personal jurisdiction. | | | The plaintiff holds the trademark for "inset." It sued in Connecticut and the defendant moved to dismiss, alleging a lack of personal jurisdiction. |
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http://www.usual.com/article8.htm
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| | Learning Cyberlaw in Cyberspace - Personal Jurisdiction in Cyberspace |
| | 1) Personal jurisdiction and choice of law must be determined based on where the server supporting your web site is located. | | | Allan R. Stein, The Unexceptional Problem of Jurisdiction in Cyberspace, 32 Int'l Law. | | | Personal Jurisdiction in Cyberspace: Suggested Class Room Discussion Topic |
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http://www.cyberspacelaw.org/kesan/kesan6.html
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| | liibulletin: Special project on Internet law: Jurisdiction |
| | Jason H. Eaton, Annotation, Effect of Use, or Alleged Use, of Internet on Personal Jurisdiction in, or Venue of, Federal Court Case, 155 A.L.R. Fed. 535 (1999). | | | Richard E. Kaye, Annotation, Internet Web Site Activities of Nonresident Person or Corporation as Conferring Personal Jurisdiction under Long-Arm Statutes and Due Process Clause, 81 A.L.R. 5th 41 (2000). |
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http://www.law.cornell.edu/bulletin/sp/jurisdiction/auth.htm
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| | Personal Jurisdiction |
| | Judge Crabb offers a thorough, well-reasoned opinion that should be a model for courts grappling with the problem of internet jurisdiction. | | | For Judge Crabb, the key issue is whether a defendant's cyberspace conduct is aimed at the forum jurisdiction, and | | | Especially insightful is Judge Crabb's skepticism about the utility of the so-called |
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http://homepage.mac.com/rdb180/iblog/B430400737/C489155323
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