| 翻訳と辞書 |
| Personal jurisdiction in Internet cases in the United States ： ウィキペディア英語版 |
Personal jurisdiction in Internet cases in the United States
Personal jurisdiction in Internet cases refers to a growing set of judicial precedents in American courts where personal jurisdiction has been asserted upon defendants based solely on their Internet activities. Personal jurisdiction in American civil procedure law is premised on the notion that a defendant should not be subject to the decisions of a foreign or out of state court, without having “purposely availed” himself of the benefits that the forum state has to offer. Generally, the doctrine is grounded on two main principles: courts should protect defendants from the undue burden of facing litigation in an unlimited number of possibly remote jurisdictions (in line with the due process requirements of the Constitution), and courts should prevent states from infringing on the sovereignty of other states by limiting the circumstances under which defendants can be "haled" into court.
In the Internet context, personal jurisdiction cases often involve proprietors of websites or Internet-based services that either advertise or actively promote their businesses nationally, but argue that they do not have sufficient contacts within a particular state to subject them to litigation in that state. With the growth of the Internet, courts have faced the challenge of applying long-standing principles of personal jurisdiction to a borderless communication medium that enables businesses and individuals all over the world to instantaneously interact across state boundaries. This is a rapidly changing area of law without a Supreme Court precedent. There is however, a growing consensus among federal district courts as to how to determine when personal jurisdiction may be asserted in an Internet context.〔TiTi Nguyen, ''A Survey of Personal Jurisdiction based on Internet Activity: A Return to Tradition'', 19 Berkeley Tech. L.J. 519 (2004).〕
==Types of personal jurisdiction==
Besides facing constitutional limitations on personal jurisdiction, a court must also comply with state long-arm statutes, which enable personal jurisdiction over a party who has committed a tort within the state. This personal jurisdiction is specific to the act, and a party cannot be sued for unrelated activity. In many instances, state long arm statutes extend personal jurisdiction to the extent allowed by the U.S. Constitution.
There are two kinds of personal jurisdiction, general and specific jurisdiction:〔''Cybersell, Inc. v. Cybersell, Inc.'', (130 F.3d 414 ) (9th Cir. 1997).〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Personal jurisdiction in Internet cases in the United States」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|