Friday 27 July 2007

General versus specific jurisdiction

Personal jurisdiction based on state long-arm statutes--that is, jurisdiction not based on presence within the state--is divided, for constitutional analysis purposes, into two categories: general and specific jurisdiction. General jurisdiction exists when an out-of-state party has extensive, systematic and continuous dealings with the state in which the court sits. When a court has general jurisdiction over a party, the court has personal jurisdiction over any dispute involving the party. Thus, a court's general jurisdiction power is equivalent to its power based on presence within the state. As an example, a corporation may advertise and sell so many products for such a long time within a state that it is subject to personal jurisdiction for any claim against it, even if the claim involves activity that occurred only outside the state. A leading Supreme Court case denying general jurisdiction over a defendant is Helicopteros Nacionales de Colombia v. Hall, 466 US 408 (1984). Conversely, a court's specific jurisdiction power over a party, when the party does not have systematic and continuous contacts with the state, is specific to cases that have a substantial connection to the party's in-state activity.

Source: http://en.wikipedia.org/wiki/Personal_jurisdiction_%28United_States%29

3 comments:

sennakesavan said...
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