What are Minimum Contacts
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- Опубліковано 30 лип 2024
- What are minimum contacts? This video discusses when it is constitutional for a court in one state in the United States to assert jurisdiction over a resident of a different state.
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You made it more understandable than my teacher did.
Thanks! You might like this video on general and specific jurisdiction: ua-cam.com/video/vegNcQtNlVo/v-deo.html More here: uslawessentials.com
You are the best...studying for the bar is difficult. You successfully give practicality to what just looks like rules to me. I'm watching these vids even for concepts that I already know well. Thank you
Thanks, you might like this: ua-cam.com/video/vegNcQtNlVo/v-deo.html
More at uslawessentials.com
Josh Witherspoon maybe you can do some good though. Infiltrate it and the expose it from the inside. I’m pretty sure everybody realizes at this point that the so called “justice system“ is about as unjust as possible. Ridiculous amount of people incarcerated for victimless “crimes” and police officers have quotas. People with life sentences marijuana! Fines for things like grass not being cut and fishing with the license… The ridiculousness is beyond recognizable and people are tired of it I am not going to stand for it much longer in my opinion. It all originates at the federal reserve and actually have a bank of international settlements. That’s why court rooms are merchants. The shit can’t go much longer
Go take that oath and lose your naturalization. 8 USC 1481. You will become a British agent swearing allegiance to foreign corporation. You are an enemy of the people. We don't like your type especially when am jur tells us your duty is to the courtroom and only the client last. Nobody needs your to attorn their property. Good luck agent
What I find most fascinating is that the attorney narrating the video was the actor who portrayed The Traveler in 2 episodes of Star Trek: The Next Generation, Eric Menyuk. Mr. Menyuk left the acting profession and became a practicing attorney in California. (I was a radio old radio and TV broadcaster, back in another period of life, while now pursuing a degree in Paralegal Studies... I can recognize voices quite well... )
This is great, thank you so much!
This video is very efficient and so easy gasp. Thank you
*gasp*
thanks for your help
The court has to, like many other words and terms, has to define “minimum.” Does that mean visiting the state under five times within a year? What?
Thank you. I now understand
Watching it for the third time :) Thanks again!
Nicely done.
what if a contract was made at a bank but the banks head quarter are out of state? is that minimum or no contact?
Do yu have the video on specific and minimum contacts please?
make super easy to understand Thanks a lot
so, it has to be minimum contacts with the geographic state and not the individual within the state? i would think the minimum contact with a individual within a state would mean minimum contacting the state in order to reach the individual...😕 thanks
Thank you!!!
Learned more from you than my civil procedure professor.
Thanks for the kind words. I offer tutoring for law school students including exam prep in case you are interested daniel at uslawessentials.com uslawessentials.com
were you hungover?
In the first part of this video can Patty sue David? Will she have travel to a NJ court to sue him there?
joewger You understand Patty's problem. Yes, she can sue David, but she might have to sue him in NJ or MA. Her preferred court in NY is likely unavailable to her because NY lacks personal jurisdiction.
Would it not be easier for the person suing to go to the state where the person being sued resides, to go through with the action of suing, in lieu of minimum contacts?
Patrick, that's a good point and sometimes it does make sense to sue in the defendant's home state. However, there are other factors. For example, plaintiff might prefer to sue in a state where she resides for her convenience. Also, the place where the incident occurred might be the most logical place for the litigation to occur.
This video is out of date. The minimum contacts test is no longer the test for personal jurisdiction. See the 2021 decisions in Ford v Montana (scotus) and Hepp v Facebook 2 (3rd Cir)
Does Log Arm apply to both Civil AND Criminal ?
Personal jurisdiction is different in criminal and civil cases. Long arm jurisdiction - - or personal jurisdiction over non-domiciliaries - - is relevant in civil cases. Criminal cases have different rules.
@@USLawEssentials If I chose to go the ceriminal route, what are the elements that I need to be aware of ?
I cannot give legal advice. Please consult with an attorney in your state.
This also applies to Criminal Law too! Everthing under the 14th Amemdment is Civil Law.
Jurisdictional requirements in criminal cases are different.
Where could David be sued in the first example involving the accident in MA?
Possibly in MA because he did travel to the "State of MA" but it would have to be from the "state" because party couldn't sue either because she made minimal contact by traveling to MA as well. The " State" may be able to exercise personum jurisdiction over both David and Patty.
Nobody ever ask the question, what if I'm not a resident of any State? How is residency establish? Show me the Law, that says, I have to be a resident of a State?
Thanks for watching. It's a fairly common question - - supreme.justia.com/cases/federal/us/490/826/
Tricky question, green card holders:
law.justia.com/cases/federal/appellate-courts/ca2/18-3189/18-3189-2020-02-27.html
Residency biz entities:
www.law.cornell.edu/uscode/text/28/1332 (c); helpful recent SCOTUS case: www.supremecourt.gov/opinions/20pdf/19-368_febh.pdf
vid:ua-cam.com/video/X6txRnbFmMk/v-deo.html
www.britannica.com/science/Dunning-Kruger-effect
How is personal jurisdiction obtained when there is no injured party?
They can't !There must be an" injury in fact!"
Defenders of Wildlife v Lujan
To have minimum contact :
1st, the non-resident D must have been purposeful availment him product / service in the forum state & foreseeable that he may haled into the forum court.
2nd, D also have obtained benefits & protections of the forum state (ie. using the roads, channels).
3rd, the court must provide give non-resident D fair & substantial justice in the forum state.
Suppose A is from California and B is from New York. A signs a deal with B to come to California and perform at his club, B breaches the contract. 1 month later when B is visiting a park in California with his family, A sues him (in California). Is there a personal jurisdiction/ minimum contact here?
If A properly serves B process by hand delivery. Yes, because B was physically in California.
Unless Process is Legally Served on the Defense jurisdiction cannot be legally established.
Actually, B doesn't have to be in California to establish jurisdiction. As long as A can prove Service of Process either by hand service or proxy, jurisdiction is established. Or any subsequent Summary Judgment could be over turned on Appeal as a Void Judgement.
Believe me I have done it. You as the plaintiff has the burden of proof that the Defense has properly Served Process.
Pennoyer v. Neff
The next step would be to get his home state to enforce the out of State judgement.
@@respectamerica2382 Thank you so much! That makes total sense
@@TanishkGupta Okay but there is more "Service of Process" from Pennoyer v. Neff 95 U.S. 714 (1878) is a foundational SCOTUS case on jurisdiction. That has been followed by other SCOTUS decision that have expanded or narrowed the principles of that case. But Pennoyer v Neff has never been over turned.
Remember 'Service of Process' is a Necessity condition to establish jurisdiction, not a Sufficient condition to establish jurisdiction. So a Prosecutor can Serve the Defendant but the Court still might not have Subject Matter or Territorial jurisdiction to hear the matter. The court needs all that to have authority to rule on the case.
This video cited the phase, "Minimum Contacts." That phrase is from a follow up SCOTUS decision that I cannot recall of hand. But I remember reading the case. It was about a Florida Yacht dealer that sold a yacht to a New Jersey man in New York. They met in New York and the agreement and sale was in New York. The deal went South. And the New Jersey man sued in a New Jersey court and properly served the Florida yacht dealer. The Yacht dealer challenge jurisdiction and lost. Because the court rule that he knowingly advertised/consideration to a New Jersey resident was enough to establish a "Minimum Contacts" with the New Jersey Market Place that the New Jersey Courts had territorial jurisdiction over. Long Arm of the Law.
But this set up an interesting dilemma. Because the Courts are expanding jurisdiction further like in gun cases. Because Red Conservative Republican State gun dealers have been sued in Blue Liberal State Courts for selling guns to Blue State residence that have traveled to Red States like Texas. Where it is legal to sell guns out of the truck of cars, like you are selling your TV. So Gun Dealers are getting sued for selling guns to Out-of-State Blue State residents that they didn't know they were from out of State.
But it also works in reverse. Texas has criminalized Abortion and Sex Transition Surgery. Now Blue State abortion clinics and Surgeons are advertising in Texas. And Texas residents are traveling to Blue States for medical care that has been banned in Texas. Now those Blue State business could be sued in Texas Courts.
And will these out of State courts enforce out of State Judgements.
Remember Law is not just about what is Legal. But it is also political.
Then there is also the Criminal side. There was a New Jersey case where a NJ School teacher on a trip to Germany had sex with a student, where sex with a 14 year old is legal.
When they came back to New Jersey, the teacher was prosecuted and convicted. The teacher appealed the the New Jersey Supreme Court, and the conviction was over turned. The NJ Supreme Court said that the NJ Statue didn't cover acts outside of the State of New Jersey. But NJ Supreme Court also said the New Jersey State Legislature did have the authority to rewrite the statue to cover acts by New Jersey residents outside of the State. And the Legislature did rewrite the Criminal Statue.
So if a New Jersey resident buys a gun out of State could be prosecuted in New Jersey.
And a Texas resident could be prosecuted for having an abortion out of State.
And what if a Texas College student attending College in California, gets pregnant and her California boyfriend pays for the abortion, could he be charged for murder under Texas Law? And would California extradite to Texas?
These are all questions the courts will have to answer at some point in the future.
minimum contacts prevents or validates long arm personal jurisdiction to apply or not.
For the algo
duh