Thanks! You might like this video on general and specific jurisdiction: ru-vid.com/video/%D0%B2%D0%B8%D0%B4%D0%B5%D0%BE-vegNcQtNlVo.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
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This video is out of date.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)
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
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?
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
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.
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.
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.
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.
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.
