| 词汇 | JURISDICTION2 |
| 释义 | `1`JURISDICTION2 `2` "Legal Lexicon": The exercise of jurisdiction over the pendent and ancillary actions had to establish a constitutionally required minimal nexus to the principal action and find explicit authorization in a jurisdiction-conferring statute. See Finley v. U.S., 490 U.S. 545 ('89) (determining whether ancillary jurisdiction existed by analyzing the constitutional minimum for jurisdiction and the jurisdictional statute at issue, 28 U.S.C. S 1346(b), but not the procedure for impleader, Rule 14(a)). The limited nature of federal courts' jurisdiction 'means that the efficiency and convenience of a consolidated action will sometimes have to be forgone in favor of separate actions in state and federal courts.' Finley, Id. at 555. Generally, parties cannot through consent confer jurisdiction upon the federal courts. See Commodity Futures Trading Comm. v. Schor, 106 S.Ct. 3245 ('86). JURISDICTION & LONG-ARM STATUTES California's long-arm statute, Cal. Civ. Proc. Code S 410.10. See Metropolitan Life Ins. Co. v. Neaves, 912 F.2d 1062, 65 (9th Cir.'90). Section 410.10 provides for personal jurisdiction 'on any basis not inconsistent with the Constitution of this state or of the United States.' Id. 'A court may exercise either general or specific jurisdiction over a nonresident defendant.' Sher v. Johnson, 911 F.2d 1357, 61 (9th Cir.'90). Specific jurisdiction, the type at issue here, is appropriate when the following requirements are met: '(1) The nonresident defendant must purposefully direct his activities or consummate some transaction with the forum or resident thereof; or perform some act by which he purposefully avails himself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws; (2) the claim must be one which arises out of or relates to the defendant's forum-related activities; and (3) the exercise of jurisdiction must comport with fair play and substantial justice, i.e. it must be reasonable.' Core-Vent Corp. v. Nobel..., 11 F.3d 1482, 85 (9th Cir.'93) (quoting Lake v. Lake, 817 F.2d 1416, 21 (9th Cir.'87)). Some criteria for invoking local jurisdiction are if a defendant committed '(1) intentional actions (2) expressly aimed at [California] (3) causing harm, the brunt of which is suffered-- and which [IPA knew was] likely to be suffered--in [California?]' Core-Vent, at 1486. There is also the question of whether the exercise of jurisdiction would be reasonable. See Core-Vent, at 1487. In determining whether jurisdiction would comport with 'fair play and substantial justice,' courts balance the following seven factors: (1) the extent of the defendants' purposeful interjection into the forum state's affairs; (2) the burden on the defendant of defending in the forum; (3) the extent of conflict with the sovereignty of the defendants' state; (4) the forum state's interest in adjudicating the dispute; (5) the most efficient judicial resolution of the controversy; (6) the importance of the forum to the plaintiff's interest in convenient and effective relief; and (7) the existence of an alternative forum. Core-Vent at 1487-88. When a defendant purposefully avails itself of the forum state, courts begin with a presumption of reasonableness, Haisten v. Grass Valley Medical ..., 784 F.2d 1392, 97 (9th Cir.'86), which can only be overcome by a '`compelling case that the presence of some other considerations would render jurisdiction unreasonable.' ' Core-Vent, 11 F.3d at 1487 (quoting Burger King v. Rudzewicz, 471 U.S. 462, 478 ('85)). Burden is the primary concern in an assessment of reasonableness. See FDIC v. British-American..., 828 F.2d 1439, 44 (9th Cir.'87). However, '[d]espite its strong weight, this factor alone is not dispositive.' Core-Vent at 1489. Moreover, '`[u]nless such inconvenience is so great as to constitute a deprivation of due process, it will not overcome clear justifications for the exercise of jurisdiction.'' Hirsche v. Blue Cross, Blue Shield..., 800 F.2d 1474, 78 (9th Cir.'86) Go to JURISDICTION3 |
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