Personal Jurisdiction - Explained
What is Personal Jurisdiction?
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What is Personal Jurisdiction?
How to establish personal jurisdiction is discussed below.
Next Article: Federal Personal Jurisdiction Back to: US COURT SYSTEM
Why is Personal Jurisdiction Required?
Personal Jurisdiction over Criminal Cases?
- Relevant Law: Strassheim v Daily, 221 US 280, 285; (1911), Justice Oliver Wendel Holmes wrote, that a state properly may punish a defendant for acts committed outside the state if those acts were intended to, and actually did, produce detrimental effects within the state.
Personal Jurisdiction in Civil Cases?
- Relevant Law: International Shoe v Washington, 326 US 310 (1945), requiring minimum contacts with a state, sufficient not to offend notions of fair play and substantial justice.
- A state has police power to protect the health, welfare, and morality of its people. Protecting its citizens from criminal conduct occurring within the state is paramount. However, the state has little ability to protect its citizens from criminal conduct occurring outside of its borders. To exercise personal jurisdiction over an individual with minimum contacts with the state must be balanced against the Due Process rights of the individuals. Exercising criminal jurisdiction over a defendant puts in jeopardy their liberty and fundamental constitutional rights. There is an argument that these rights are too strong and fundamental to infringe upon if the individual did not commit the criminal conduct within the state.
Practice QuestionClarence lives in California. While he was visiting South Carolina, he was driving while intoxicated and crashed his vehicle. The wreck injured a bystander, Devon. Clarence, afraid that he would be arrested, quickly fled the scene of the accident. The next day he returned to California. What are the personal jurisdiction issues if the prosecutor's office in South Carolina seeks to bring criminal charges against Clarence for driving under the influence and leaving the scene of an accident? What are the personal jurisdiction issues if Devon wishes to sue Clarence?
- The SC prosecutor would need to seek an indictment and secure an arrest warrant before subjecting Clarence to prosecution within the state. To secure the arrest warrant, she would need to show the court that the criminal conduct occurred within the state, thus giving the state personal jurisdiction over Clarence for purposes of prosecution. The warrant would then be sent to California for the purpose of arresting and extraditing Clarence back to SC. For civil purposes, Deven could file a complaint against Devon in SC. He would need to demonstrate the Devon had minimum contacts with the state sufficient to satisfy the SC long-arm statute.
- US Courts (Intro)
- What is the Authority for Article III Courts?
- What is the Authority for Article I Courts?
- What is the authority for courts under Article II?
- What is the authority for Article IV Territorial Courts?
- What is the authority for State Courts?
- What are Article III Courts?
- What are Article I Administrative Courts?
- What are Article IV Territorial Courts?
- What are state courts?
- What is Subject-Matter Jurisdiction?
- What is Federal Court Subject-Matter Jurisdiction?
- What is State Court Subject-Matter Jurisdiction?
- Can a Federal trial courts hear state matters & vice versa?
- Can a Federal appellate court hear federal matters & vice versa?
- What is Personal Jurisdiction?
- How to establish Federal Court Personal Jurisdiction?
- How to establish State Court Personal Jurisdiction?
- What is a Long-Arm Statute?
- Who are the primary players in the state judicial system?
- What types of judges are part of the judiciary?
- What is the role of jurors in the judicial system?
- What number of jurors and juror votes are required for guilt or liability?
- What do Attorneys do?
- Who are the other players in the judicial system?
- US Circuit Court?
- US Supreme Court?
- Appeals from Legislative and Administrative Courts
- Appeals in the state court system?