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Civil Procedure • Personal Jurisdiction
CIVPRO#004
Legal Definition
California's long arm statute allows personal jurisdiction to the extent permitted under the Constitution. Therefore, personal jurisdiction is proper so long as it is constitutional.
Plain English Explanation
A long arm statute is, quite literally, the "long arm of the law," or, at least, how long that arm can reach into other states.
In order for you to successfully convince your state's courts to enforce its laws on someone who isn't in your state, you need to review the state's "long arm statute," which lays out the limitations (if any) that a state places on itself when dealing with those outside of its borders.
On exams, it is common to see the limitation set at equal to the US Constitution, which just means "As long as its constitutional, then its fair game for the State."
Another way to think about this is that your Civil Procedure class will spend a majority of its time testing on Federal rules. One of the most common issues you'll need to argue is whether or not Personal Jurisdiction exists over the defendant. On an exam, when the issue involves a Federal court, your answer will be more directly in-line with what you studied in class.
However, it is common for exams to create fake states, like "State A" and "State B." Rather than spend the time to write extra exam information about their process for establishing personal jurisdiction, making it equal to the Federal rules is a quick shortcut to focus on other, more substantive areas of law.
In order for you to successfully convince your state's courts to enforce its laws on someone who isn't in your state, you need to review the state's "long arm statute," which lays out the limitations (if any) that a state places on itself when dealing with those outside of its borders.
On exams, it is common to see the limitation set at equal to the US Constitution, which just means "As long as its constitutional, then its fair game for the State."
Another way to think about this is that your Civil Procedure class will spend a majority of its time testing on Federal rules. One of the most common issues you'll need to argue is whether or not Personal Jurisdiction exists over the defendant. On an exam, when the issue involves a Federal court, your answer will be more directly in-line with what you studied in class.
However, it is common for exams to create fake states, like "State A" and "State B." Rather than spend the time to write extra exam information about their process for establishing personal jurisdiction, making it equal to the Federal rules is a quick shortcut to focus on other, more substantive areas of law.
Visual Aids
Related Concepts
How does the court assess fairness under the Burger King ruling?
What are the traditional bases of personal jurisdiction?
What is a long arm statute?
What is personal jurisdiction?
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When may a court exercise general jurisdiction over a defendant?
When may a court exercise specific jurisdiction?
