Search results
Results from the WOW.Com Content Network
This personal jurisdiction is specific to the act, and a party cannot be sued for unrelated activity. In many instances, state long-arm statutes extend personal jurisdiction to the extent allowed by the U.S. Constitution. There are two kinds of personal jurisdiction, general and specific jurisdiction: [2]
People v. Aguilar, 2 N.E.3d 321 (Ill. 2013), was an Illinois Supreme Court case in which the Court held that the Aggravated Unlawful Use of a Weapon (AUUF) statute violated the right to keep and bear arms as guaranteed by the Second Amendment.
Minimum contacts for personal jurisdiction based on a libelous publication United Building & Construction Trades Council v. Mayor and Council of Camden: 465 U.S. 208 (1984) Privileges and Immunities clause: Oliver v. United States: 466 U.S. 170 (1984) Reaffirmed open fields doctrine in a case where the defendant grew marijuana in his field
Under these circumstances, the court found that personal jurisdiction was proper under a theory of national jurisdiction: the defendant had targeted the U.S. at large from outside of the territory and intended to avail himself of the opportunity of selling test answers to a U.S. graduate school entrance test to his most likely customers: Americans.
Personal jurisdiction is largely a constitutional requirement, though also shaped by state long-arm statutes and Rule 4 of the Federal Rules of Civil Procedure, while venue is purely statutory. It is possible for either venue or personal jurisdiction to preclude a court from hearing a case. Consider these examples:
Illinois v. Missouri, 399 U.S. 146 (1970), was a per curiam decision determining a boundary line between the states of Illinois and Missouri. The case specifically assigned ownership of several islands in the Mississippi River. The court referred the case to a special master who filed a report, which was adopted by the court, decreeing that:
Calder v. Jones, 465 U.S. 783 (1984), was a case in which the United States Supreme Court held that a court within a state could assert personal jurisdiction over the author and editor of a national magazine which published an allegedly libelous article about a resident of that state, and where the magazine had wide circulation in that state.
McDonald v. City of Chicago, 561 U.S. 742 (2010), was a landmark [1] decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Fourteenth Amendment and is thereby enforceable against the states.