Long arm jurisdiction

Long arm jurisdiction

In United States jurisprudence, long arm jurisdiction is a statutory grant of jurisdiction to local courts over foreign defendants. A state's ability to confer jurisdiction is limited by the Constitution. This jurisdiction permits a court to hear a case against a defendant and enter a binding judgment against a defendant residing outside the state's jurisdiction. That is, without a long arm statute, a state's court may not have personal jurisdiction over a particular defendant.

Generally, the authority of a court to exercise long arm jurisdiction must be based upon some action of the defendant which subjects him or her to the jurisdiction of the court. In the United States, some states long arm statutes refer to specific acts, for example torts or contract cases, which a court may entertain. Other states, like California, broadly grant jurisdiction "on any basis not inconsistent with the Constitution of this state or the United States."

The use of a long arm statute is usually constitutional where the defendant has certain minimum contacts with the forum state and there has been reasonable notice of the action against him or her.

Since the 60s, the several states have enacted one of the two types of long arm statutes:(a) the first type enumerates fact situations that submit an individual/corporation to the forum's jurisdiction; (b) the second type extends the forum's jurisdiction to the extent of the constitutional limitations (of the 14th am.)

Examples

[http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=2051387877+0+0+0&WAISaction=retrieve California Code of Civil Procedure § 410.10] (as broad as the Constitution)

[http://www.legis.state.wi.us/statutes/Stat0801.pdf Wisconsin Statutes § 801.05] (specific acts)


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Look at other dictionaries:

  • long–arm — adj: of, relating to, or arising from a long arm statute long–arm jurisdiction a long–arm provision Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • long arm — adj. Of or pertaining to long arm jurisdiction or statutes. Webster s New World Law Dictionary. Susan Ellis Wild. 2000 …   Law dictionary

  • long-arm statute — A law that gives a court jurisdiction over a nonresident company or individual who has had sufficient contacts with the jurisdiction to warrant being subject to its laws. Category: Accidents & Injuries Category: Representing Yourself in Court… …   Law dictionary

  • long arm statute — n. A state statute that gives the state personal jurisdiction over nonresident defendants in matters that affect local residents and property. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell …   Law dictionary

  • long–arm statute — n: a state statute allowing for the assertion of personal jurisdiction over a nonresident defendant who has some connection (as ownership or use of property, transaction of business, or commission of a tort) with the state – called also single… …   Law dictionary

  • long arm statutes — Various state legislative acts which provide for personal jurisdiction, via substituted service of process, over persons or corporations which are nonresidents of the state and which voluntarily go into the state, directly or by agent, or… …   Black's law dictionary

  • long arm statutes — Various state legislative acts which provide for personal jurisdiction, via substituted service of process, over persons or corporations which are nonresidents of the state and which voluntarily go into the state, directly or by agent, or… …   Black's law dictionary

  • long arm statute — A statute providing for constructive or substituted service of process on a nonresident motorist in case such motorist becomes involved in an accident while using the highways in the jurisdiction in which such statute has been enacted, and leaves …   Ballentine's law dictionary

  • long arm statute — noun In the law of civil procedure, a statute which establishes the activities by a potential defendant which will give the courts of a state personal jurisdiction over that defendant …   Wiktionary

  • jurisdiction — ju·ris·dic·tion /ˌju̇r əs dik shən/ n [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1: the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) to be… …   Law dictionary

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