Wednesday, June 16, 2004

Personal Jurisdiction: All your base are belong to us

Point



INTERNATIONAL SHOE CO. v. WASHINGTON, 326 U.S. 310 (1945) : "Historically the jurisdiction of courts to render judgment in personam is grounded on their de facto power over the defendant's person. Hence his presence within the territorial jurisdiction of court was prerequisite to its rendition of a judgment personally binding him. But now that the capias ad respondendum has given way to personal service of summons or other form of notice, due process requires only that in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend 'traditional notions of fair play and substantial justice.' "

Counter-point


Zero wing (Sega)
Captain: You know what you doing.
Captain: Move 'zig'.
Captain: For great justice
"Too late or still too soon too soon to make lots of bad love and there's no time for sorrow. Run around, run around with a hole in your head 'til tomorrow."
-----They Might Be Giants