Long-arm jurisdiction
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Long-arm jurisdiction is the ability of local
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
s to exercise jurisdiction over foreign ("foreign" meaning out of jurisdiction, whether a state, province, or nation)
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...
s, whether on a statutory basis or through a court's
inherent jurisdiction Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other cou ...
(depending on the jurisdiction). This jurisdiction permits a
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
to hear a case against a
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...
and enter a binding
judgment Judgement (or US spelling judgment) is also known as ''adjudication'', which means the evaluation of evidence to decision-making, make a decision. Judgement is also the ability to make considered decisions. The term has at least five distinct u ...
against a defendant residing outside the jurisdiction concerned. At heart, the constraints on long arm jurisdiction are concepts of international law, and the principle that one country ought not exercise state power over the territory of another unless some recognized exception applies. In municipal law, the authority of a
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
to exercise long-arm jurisdiction must be based upon some action of the
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...
which subjects him or her to the
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
of the
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
.


United States


Jurisprudence

The
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
, in ''
International Shoe v. Washington ''International Shoe Co. v. Washington'', 326 U.S. 310 (1945), was a landmark decision of the Supreme Court of the United States in which the Court held that a party, particularly a corporation, may be subject to the jurisdiction of a state cour ...
'' and later on in ''
World-Wide Volkswagen Corp. v. Woodson ''World-Wide Volkswagen Corp v. Woodson'', 444 U.S. 286 (1980), is a United States Supreme Court case involving strict products liability, personal injury and various procedural issues and considerations. The 1980 opinion, written by Justice Byro ...
'', has held that a person must have
minimum contacts 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 decide ...
with a State, in order for a
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
in one
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
to assert
personal jurisdiction 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 ...
over a
defendant In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdic ...
from another state. As the Court noted in the latter case, In 1987, the Supreme Court, in its ruling in ''
Asahi Metal Industry Co. v. Superior Court ''Asahi Metal Industry Co. v. Superior Court'', 480 U.S. 102 (1987), decided on February 24, 1987, was a case decided by the United States Supreme Court, in which the court decided whether a foreign corporation, by merely being aware that its prod ...
'', laid down a five-factor test to determine whether "traditional notions of fair play" would permit the assertion of personal jurisdiction, under the reasonableness requirement, over an out-of-state defendant: #What is the burden on the defendant? #What are the interests of the forum state in the litigation? #What is the interest of the plaintiff in litigating the matter in that state? #Does the allowance of jurisdiction serve interstate efficiency? #Does the allowance of jurisdiction serve interstate policy interests? There was discussion as to the Court's wisdom in not employing ''Asahi'' as a way to articulate "a similarly limited position s in ''World-Wide Volkswagen''for the United States within the international community." The issue of general (as opposed to specific) jurisdiction of US courts was addressed in ''
Helicopteros Nacionales de Colombia, S. A. v. Hall ''Helicopteros Nacionales de Colombia, S. A. v. Hall'', 466 U.S. 408 (1984), was an American case decided by the United States Supreme Court, holding that purchases in the United States by an out-of-state corporation did not establish general perso ...
'', '' Goodyear Dunlop Tires Operations, S. A. v. Brown'' and '' Daimler AG v. Bauman'', where the last held that, outside of "an exceptional case," general jurisdiction will generally be limited to the places where a corporation is incorporated and its principal place of business. In ''Daimler'',
Justice Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by Presiden ...
noted that specific jurisdiction is supposed to be the norm while "general jurisdiction has come to occupy a less dominant place in the contemporary scene." The risks that a more expansive view of general jurisdiction would pose to international
comity In law, comity is "a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the " mutual recognition of legislative, executive, and judicial acts." Etymology Comity derives from the La ...
were recently dealt with in ''
Kiobel v. Royal Dutch Petroleum Co. ''Kiobel v. Royal Dutch Petroleum Co.'', 569 U.S. 108 (2013), was a United States Supreme Court decision in which the court found that the presumption against extraterritoriality applies to claims under the Alien Tort Claims Act. According to the ...
'' and ''
Mohamad v. Palestinian Authority Muhammad ( ar, مُحَمَّد;  570 – 8 June 632 Common Era, CE) was an Arab religious, social, and political leader and the founder of Islam. According to Muhammad in Islam, Islamic doctrine, he was a prophet Divine inspiration, di ...
''.


Foreign governments

The circumstances by which a foreign government may sue or be sued in federal and state courts are narrowed by the
Foreign Sovereign Immunities Act 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 nation ( ...
and the
Eleventh Amendment to the United States Constitution The Eleventh Amendment (Amendment XI) is an amendment to the United States Constitution which was passed by Congress on March 4, 1794, and ratified by the states on February 7, 1795. The Eleventh Amendment restricts the ability of individuals to ...
.


State laws

In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
, some states' long-arm statutes refer to specific acts, for example
tort A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
s or
contract A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to tran ...
cases, which a court may entertain. Other states grant jurisdiction more broadly. California's ''
Code of Civil Procedure Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what ki ...
'', for example, states: New York's ''
Civil Practice Law and Rules The New York ''Civil Practice Law and Rules'' (CPLR) is chapter 8 of the ''Consolidated Laws of New York'' and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive l ...
'' has, among other things, asserted the following: The extent of jurisdiction granted under this authority has expanded in recent jurisprudence of the
New York Court of Appeals The New York Court of Appeals is the highest court in the Unified Court System of the State of New York. The Court of Appeals consists of seven judges: the Chief Judge and six Associate Judges who are appointed by the Governor and confirmed by t ...
: :* In June 2006, in ''Deutsche Bank Securities, Inc. v. Montana Board of Investments'', it was held that an out-of-state entity's use of the Bloomberg Messaging System to communicate with a firm based in New York was sufficient to establish jurisdiction. :* In November 2012, in ''Licci v. Lebanese Canadian Bank, SAL '', it was held that a non-U.S. bank’s use of a
correspondent account A correspondent account is an account (often called a nostro or vostro account) established by a banking institution to receive deposits from, make payments on behalf of, or handle other financial transactions for another financial institution. Cor ...
to effect wire transfers on behalf of a non-U.S. client was sufficient to form a basis for personal jurisdiction.


Federal Rules of Civil Procedure

Rule (k) of the
Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling ...
provides for where service of a summons outside the district will provide personal jurisdiction over a party.


Canada

The jurisdiction of Canadian courts has been standardized to a great degree through jurisprudence developed by the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
, most notably in the 2012 ruling in ''
Club Resorts Ltd. v. Van Breda ''Club Resorts Ltd v Van Breda'', 2012 SCC 17, is a decision of the Supreme Court of Canada that has brought greater certainty to the question of a real and substantial connection in the assumption of civil jurisdiction by Canadian courts in mat ...
''. It ruled that jurisdiction must be established primarily on the basis of objective factors that connect the legal situation or the subject matter of the litigation with the forum. In a case concerning a tort, the following factors are presumptive connecting factors that, ''
prima facie ''Prima facie'' (; ) is a Latin expression meaning ''at first sight'' or ''based on first impression''. The literal translation would be 'at first face' or 'at first appearance', from the feminine forms of ''primus'' ('first') and ''facies'' (' ...
'', entitle a court to assume jurisdiction over a dispute: :* the defendant is domiciled or resident in the province; :* the defendant carries on business in the province; :* the tort was committed in the province; and :* a contract connected with the dispute was made in the province. It was also held that a Canadian court cannot decline to exercise its jurisdiction unless the defendant invokes ''
forum non conveniens ''Forum non conveniens'' (Latin for "an inconvenient forum") (FNC) is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal ...
''. The decision to raise this doctrine rests with the parties, not with the court seized of the claim. If a defendant raises an issue of ''forum non conveniens'', the burden is on him or her to show why the court should decline to exercise its jurisdiction and displace the forum chosen by the plaintiff.


See also

*
Extraterritoriality In international law, extraterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually cla ...
*''
Penguin Group (USA) Inc. v. American Buddha ''Penguin Group (USA) Inc. v. American Buddha'', 640 F.3d 497 (2d Cir. 2011),Penguin Group (USA) Inc. v. American Buddha640 F.3d 497 (2d Cir. N.Y. 2011). was a case in which United States Court of Appeals for the Second Circuit reversed the decis ...
'' *
Universal jurisdiction Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, ...


References

{{DEFAULTSORT:Long Arm Jurisdiction Jurisdiction Metaphors referring to body parts