1.
Case Name: Burnham v. Superior Court
Case Citation: 495 U.S. 604 (1990)
Issue: If a person is in another state on business unrelated to a legal matter before a court, does that state have jurisdiction over that person?
Rule of Law: If a person is physically in a state, then that State has jurisdiction over that person regardless of the reason they are in the state.
Rationale: Due process is possible for each person within the state that has jurisdiction over the person.
Holding: Yes. Even if a person is within a state on matters unrelated to a legal issue before the court, the state has jurisdiction over the individual.
Facts: Defendant was visiting another state (California), when process was served for divorce papers. Defendant contested service …show more content…
v. Szukhent
Case Citation: 11 L.Ed.2d 354
Issue: Can a service of process be properly received by an unknown agent who was solely designated to only accept a notice?
Rule of Law: Parties can freely negotiate contracts regarding receipt of official notice.
Rationale: The nuances of designation are irrelevant, the agent was authorized as a designee of correspondence.
Holding: Yes. The agent was appointed properly, and the agents acceptance and transmission of notice makes it valid.
Facts: Defendant leased equipment from Plaintiff, who then served notice to Defendant’s agent upon the default of lease payments. Agent forwarded notice to Defendant.
Procedural Posture: District Court invalidated the summons, court of appeals affirmed.
3.
Case Name: Carnival Cruise Lines, Inc. v. Shute
Case Citation: 113 L. Ed. 2d 622
Issue: Enforcement of forum selection that mandates parties submit to jurisdiction within a state specified within an agreement.
Rule of Law: As long as there is adequate judicial fairness, parties must submit to enforcement within a particular state.
Rationale: Judicial fairness is the only aspect of forum selection that can be
Case Name: Burnham v. Superior Court
Case Citation: 495 U.S. 604 (1990)
Issue: If a person is in another state on business unrelated to a legal matter before a court, does that state have jurisdiction over that person?
Rule of Law: If a person is physically in a state, then that State has jurisdiction over that person regardless of the reason they are in the state.
Rationale: Due process is possible for each person within the state that has jurisdiction over the person.
Holding: Yes. Even if a person is within a state on matters unrelated to a legal issue before the court, the state has jurisdiction over the individual.
Facts: Defendant was visiting another state (California), when process was served for divorce papers. Defendant contested service …show more content…
v. Szukhent
Case Citation: 11 L.Ed.2d 354
Issue: Can a service of process be properly received by an unknown agent who was solely designated to only accept a notice?
Rule of Law: Parties can freely negotiate contracts regarding receipt of official notice.
Rationale: The nuances of designation are irrelevant, the agent was authorized as a designee of correspondence.
Holding: Yes. The agent was appointed properly, and the agents acceptance and transmission of notice makes it valid.
Facts: Defendant leased equipment from Plaintiff, who then served notice to Defendant’s agent upon the default of lease payments. Agent forwarded notice to Defendant.
Procedural Posture: District Court invalidated the summons, court of appeals affirmed.
3.
Case Name: Carnival Cruise Lines, Inc. v. Shute
Case Citation: 113 L. Ed. 2d 622
Issue: Enforcement of forum selection that mandates parties submit to jurisdiction within a state specified within an agreement.
Rule of Law: As long as there is adequate judicial fairness, parties must submit to enforcement within a particular state.
Rationale: Judicial fairness is the only aspect of forum selection that can be