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Long-arm jurisdiction is the ability of local courts to exercise jurisdiction over foreign ("foreign" meaning out of jurisdiction, whether a state, province, or nation) defendants, whether on a statutory basis or through a court's inherent jurisdiction (depending on the jurisdiction). This jurisdiction permits a court to hear a case against a ...
Cybergold filed a motion to dismiss for lack of personal jurisdiction. Missouri's long-arm statute provides for personal jurisdiction over a non-resident defendant that has transacted any business within the state or has committed a tortious act within the state. At common law in Missouri, a tortious act committed outside with a resultant ...
Personal jurisdiction is a court's jurisdiction over the parties, as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that ...
The Foreign Sovereign Immunities Act of 1976 (FSIA) is a United States law, codified at Title 28, §§ 1330, 1332, 1391 (f), 1441 (d), and 1602–1611 of the United States Code, that established criteria as to whether a foreign sovereign state (or its political subdivisions, agencies, or instrumentalities) is immune from the jurisdiction of the ...
v. t. e. Minimum contacts is a term used in the United States law of civil procedure to determine when it is appropriate for a court in one state to assert personal jurisdiction over a defendant from another state. The United States Supreme Court has decided a number of cases that have established and refined the principle that it is unfair for ...
Diversity jurisdiction is currently codified at 28 U.S.C. § 1332. In 1969, the American Law Institute explained in a 587-page analysis of the subject that diversity is the "most controversial" type of federal jurisdiction, because it "lays bare fundamental issues regarding the nature and operation of our federal union." [2]
(A long-arm statute is a law that allows a court in one state to claim legal authority, or jurisdiction, over a person or business from another state.)
The situation is different with respect to jurisdictional principles in the international context. The first difference concerns long-arm jurisdiction, which is the statutory grant of jurisdiction to local courts over out-of-state defendants. A long-arm statute authorizes a court in a state to exercise jurisdiction over an out-of-state defendant.