| 翻訳と辞書 |
| minimum contacts ： ウィキペディア英語版 |
minimum contacts
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 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 into court" in that state. This jurisdiction must "not offend traditional notions of fair play and substantial justice".〔''International Shoe Co. v. Washington'', .〕 A non-resident defendant may have minimum contacts with the forum state if they 1) have direct contact with the state; 2) have a contract with a resident of the state;〔''McGee v. International Life Insurance Co.'', .〕 3) have placed their product into the stream of commerce such that it reaches the forum state;〔''Gray v. American Radiator & Standard Sanitary Corp.'', 〕 4) seek to serve residents of the forum state;〔''World-Wide Volkswagen Corp. v. Woodson'', .〕 5) have satisfied the Calder effects test;〔''Calder v. Jones'', .〕 or 6) have a non-passive website viewed within the forum state.
==Consent and waiver==
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 explicitly or implicitly waive their right to object to the court hearing the case. 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 Off-Shore Company'', ; ''Carnival Cruise Lines, Inc. v. Shute'', .〕
Under the Federal Rules of Civil Procedure, a party who wishes to object to the court's must first sign a clause stating that they agree on the matter and will follow all laws/ rules imposed by the state and/or country, 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 jurisdiction. 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 )'', .〕
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「minimum contacts」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.
|
|