U.S. Federal civil procedure doctrines
Justiciability
Advisory opinions
Standing  · Ripeness  · Mootness
Political questions
Jurisdiction
* Subject matter jurisdiction:
Federal question jurisdiction
Diversity jurisdiction
Removal jurisdiction
Amount in controversy
* Personal jurisdiction:
Jurisdiction in rem
Minimum contacts
Federalism
Erie doctrine  · Abstention
Sovereign immunity  · Abrogation
Rooker-Feldman doctrine
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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 in personam jurisdiction (i.e. jurisdiction over the person, or personal jurisdiction) over a defendant from another state. The United States Supreme Court has decided a number of cases that have established and refined the principle that it is unfair for a court to assert jurisdiction over a party unless that party's contacts with the state in which that court sits are such that the party "could reasonably expect to be haled^[1] into court" in that state. This jurisdiction must "not offend traditional notions of fair play and substantial justice." International Shoe Co. v. Washington, 326 U.S. 310 (1945). Official seal of the Supreme Court of the United States File links The following pages link to this file: Marbury v. ... For other uses, see United States (disambiguation) and US (disambiguation). ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... Justiciability is a term used in civil procedure to describe whether a dispute is capable of being settled by a court of law. ... An advisory opinion, in civil procedure, is an opinion issued by a court that does not have the effect of resolving a specific legal case, but merely advises on the constitutionality or interpretation of a law. ... In law, standing is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged. ... In law, ripeness refers to the readiness of a case for litigation; for example, if a law of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a decision. ... This article is about the law term moot. ... In United States law, a ruling that a matter in controversy is a political question is a statement by a federal court, declining to rule in a case because: 1) the U.S. Constitution has committed decision-making on this subject to another branch of the federal government; 2) there... In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ... Subject matter jurisdiction is a legal term used in civil procedure to indicate that a case must be entered in the proper court of law based on the nature of the claim. ... Federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution, laws, or treaties of... Diversity jurisdiction is a term used in civil procedure to refer to the situation in which a United States district court has subject matter jurisdiction to hear a civil case because the parties are diverse, meaning that they come from different states. ... In the United States, removal jurisdiction refers to the power of a defendant to move a lawsuit filed in state court to the Federal district court of the original courts district. ... Amount in controversy (sometimes called jurisdictional amount) is a term used in United States civil procedure to denote a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the case. ... Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ... Sometimes a court may exercise jurisdiction over property located within the perimeter of its powers without regard to personal jurisdiction over the litigants; this is called jurisdiction in rem. ... Federalism is the idea of a group or body of members that are bound together (latin: foedus, covenant) with a governing representative head. ... The Erie doctrine is a fundamental legal doctrine of Civil procedure in the American legal system that stems from Supreme court Justice Louis Brandeis watershed opinion in the landmark decision of Erie Railroad Co. ... An abstention doctrine is any one of several doctrines that a United States federal court might (or in some cases must) apply to refuse to hear a case, when hearing the case would potentially intrude upon the powers of the state courts. ... Sovereign immunity or crown immunity is a type of immunity that, in common law jurisdictions traces its origins from early English law. ... The abrogation doctrine is a doctrine in United States constitutional law which permits the U.S. Congress to allow lawsuits seeking monetary damages against individual U.S. states, so long as this is usually done pursuant to a constitutional limitation on the power of the states. ... The Rooker-Feldman doctrine is a rule of civil procedure enunciated by the United States Supreme Court in two cases, Rooker v. ... Law (from the Old Norse lagu) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide punishments of/for those who do... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... A U.S. state is any one of the fifty states (four of which officially favor the term commonwealth) which, along with the District of Columbia, form the United States of America. ... Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Holding --- Court membership Case opinions Laws applied --- International Shoe v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1945 (MCMXLV) was a common year starting on Monday (link will take you to calendar). ...

Consent and waiver

Minimum contacts can be established by consent where a party signs a contract with a forum selection clause, agreeing to litigate in a specified forum. See The Bremen v. Zapata Offshore Co., 407 U.S. 1 (1972); Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991). A forum selection clause is a clause in a contract in which the parties agree that any litigation resulting from that contract will be brought in a specific forum. ... A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1972 (MCMLXXII) was a leap year that started on a Tuesday. ... Holding --- Court membership Case opinions Laws applied --- Carnival Cruise Lines, Inc. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1991 (MCMXCI) is a common year starting on Tuesday of the Gregorian calendar. ...

Because the need for minimum contacts is a matter of personal jurisdiction (the power of the court to hear the claim with respect to a particular party) instead of subject matter jurisdiction (the power of the court to hear this kind of claim at all), a party can waive their right to object to the court hearing the case. Under the Federal Rules of Civil Procedure, a party who wishes to object to the court's assertion of personal jurisdiction must do so at the beginning of legal proceedings, or lose the ability to raise such an objection. Furthermore, a court may request that a party provide evidence that its contacts do not rise to the level which would allow the court to have jursidiction. The Supreme Court has held that if a party refuses to comply with such a request, the court can deem them to have waived their right to object to jurisdiction. Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982). Subject matter jurisdiction is a legal term used in civil procedure to indicate that a case must be entered in the proper court of law based on the nature of the claim. ... The Federal Rules of Civil Procedure (FRCP) govern civil procedure in the United States district courts, or more simply, court procedures for civil suits. ... The law of evidence governs the use of testimony (eg. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1982 (MCMLXXXII) is a common year starting on Friday of the Gregorian calendar. ...

Activities as a basis for jurisdiction

A party's activities within a state can provide the basis for that state to have jurisdiction over that party. The Supreme Court has held that the state can properly assert jurisdiction based on a party's "purposeful availment of the benefits and protections" offered by a state.

General vs. specific jurisdiction

The necessary contacts that a party must have for a state to assert personal jurisdiction may vary depending on the relationship between the contacts and the claim brought against that party. If the state is alleged to have jurisdiction over a defendant irrespective of the nature of the claim, this would be general jurisdiction; but if the state is alleged to have jurisdiction over a defendant because the defendant's activities in that state gave rise to the claim itself, this would be specific jurisdiction.

For example, if a Florida orange grower were to breach a promise to deliver a bushel of oranges to a buyer in Alabama, the breach of that agreement would be sufficient for Alabama courts to assert jurisdiction, even if the Florida grower had no other contacts with Alabama, and had never even set foot there. The lone contact of a promise to deliver something to a state is enough to give the state jurisdiction over disputes arising from the breach of that promise.

In Helicopteros Nacionales De Columbia v. Hall, 466 U.S. 408 (1984), a helicopter crash caused the death of four Americans in Peru. The Supreme Court found that the state of Texas could not assert personal jurisdiction over the company that had negotiated the purchase of helicopters in Texas, because its activities there were not connected closely enough to the cause of the accident. Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1984 (MCMLXXXIV) is a leap year starting on Sunday of the Gregorian calendar. ... The Bell 206 of Canadian Helicopters Robinson Helicopter Company (USA) R44, a four seat development of the R22 A helicopter is an aircraft which is lifted and propelled by one or more horizontal rotors (propellers). ... Official language(s) None. ...

Presence

The most basic example of this is presence - a party who receives service of process (formal notification that they are being sued) while physically present in a state is properly subject to personal jurisdiction in that state. Pennoyer v. Neff, 95 U.S. 714 (1878). The current basis for the rule is uncertain. In Burnham v. Superior Court of California, 469 U.S. 604 (1990), the Court unanimously agreed that this rule was still effective, but split as to the rationale. Justice Scalia wrote for four justices who felt that the rule should apply simply because it was a continuation of a longstanding tradition. Justice Brennan wrote for four justices who felt that the rule should apply because the party was purposefully availing himself of the benefits of being in the state at that time. The ninth vote, by Justice Stevens, agreed that jurisdiction was proper, but did not endorse either Scalia's or Brennan's test. Service of process is the term given to legal notice of a court or administrative bodys exercise of its jurisdiction over individuals who are the subject of proceedings or actions brought before such court, body or other tribunal. ... Holding No personal jurisdiction over defendants who are physically absent from the state or have not consented to the courts jurisdiction Court membership Case opinions Laws applied U.S. Const. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1878 was a common year starting on Tuesday (see link for calendar). ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... This article is about the year. ... Justice Antonin Scalia Justice Antonin Scalia (born March 11, 1936) has been a US Supreme Court Associate Justice since 1986. ... William Joseph Brennan (April 25, 1906 - July 24, 1997) was an Associate Justice of the Supreme Court of the United States. ... Justice John Paul Stevens Justice John Paul Stevens (born April 20, 1920) is an American jurist who has been a U.S. Supreme Court Associate Justice since 1975; he is the oldest justice on the court. ...

Commercial activities

Merely placing products in the "stream of commerce" is insufficient to provide minimum contacts with the states where the products end up. See World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (1980); Asahi Metal Industry Co. v. Superior Court of California, 480 U.S. 102 (1987). Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1980 (MCMLXXX) was a leap year starting on Tuesday. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... 1987 (MCMLXXXVII) is a common year starting on Thursday of the Gregorian calendar. ...

Internet activities

Courts have struggled with the internet as a source of minimum contacts, and have essentially settled on a test which examines the kind of use to which the internet is being put. Under this test, websites are divided into three categories:

1. passive websites, which just provide information, will almost never provide sufficient contacts for jurisdiction. Such a website will only provide a basis for jurisdiction if the website itself constitutes an intentional tort such as slander or defamation, and if it is directed at the jurisdiction in question;
2. interactive websites, which permit the exchange of information but not the immediate conduct of business, may be enough for jurisdiction, depending on the amount of interactivity, and the amount of contacts which the website owner has developed with the forum due to the presence of the website;
3. commercial websites which clearly do business over the internet, and through which customers in any location can immediately engage in business with the website owner are definitely enough for jurisdiction.

In the common law, a Tort is a civil wrong, other than a breach of contract, for which the law provides a remedy. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ...

Property as a basis for jurisdiction

The Supreme Court has held that the mere fact of ownership of property within a state is not sufficient to provide minimum contacts for a court to hear cases unrelated to that property. Shaffer v. Heitner, 433 U.S. 186 (1977). However, the property alone provides a sufficient contact for a court having jurisdiction over that geographic area to adjudicate claims relating to the ownership of the property, or relating to injuries which occurred there. In that case, the jurisdiction exercised by the court is referred to in rem jurisdiction (i.e. jurisdiction over the thing), instead of in personam jurisdiction. Holding --- Court membership Case opinions Laws applied --- Shaffer v. ... Court citation is a standard system used in common law countries such as the United States, United Kingdom, Canada, New Zealand and Australia to uniquely identify the location of past court cases in special series of books called reporters. ... For the album by Ash, see 1977 (album). ... Juridiction in rem is jurisdiction that a court in any state may exercise over large items of moveable property located within the physical territory covered by its powers regardless as to whether there is any personal jurisdiction over those persons who may have an interest in the property. ...

The U.S. Congress has enacted legislation which declares internet domain names to be property for the purposes of such jurisdiction. Therefore, when a webpage infringes a trademark, the owner of the trademark can sue in any jurisdiction where the webpage can be viewed - but only for the remedy of transferring ownership of the webpage to the trademark-holder. The Congress of the United States is the legislative branch of the federal government of the United States of America. ... A trademark (Commonwealth English: trade mark) is a distinctive sign of some kind which is used by a business to uniquely identify itself and its products and services to consumers, and to distinguish the business and its products or services from those of other businesses. ...

Notes

^  The word "haled" is an old-fashioned term used by courts, believed to be a variation of either hailed or hauled.