Issue and Result
At common law, recognized by the Supreme Court in Pennoyer v. Neff (1877), a civil action was commenced by serving process on the defendant within the forum jurisdiction. Service on a defendant within the forum state created jurisdiction over the defendant regardless of whether the defendant was a resident of the state or was merely visiting it, and regardless of whether the subject-matter of the lawsuit had anything to do with the defendant's activities in the state.
Subsequently, in International Shoe Co. v. Washington (1946) and Shaffer v. Heitner (1977), the Supreme Court held that the Due Process Clause requires that a state's exercise of personal jurisdiction over a defendant must comport with "traditional notions of fair play and substantial justice," at least when the defendant was not served with process in the forum state.
The issue in Burnham was whether, in light of International Shoe and Shaffer, service on a non-resident visiting a state remained a constitutionally sufficient basis for the exercise of personal jurisdiction over the non-resident.
Read more about this topic: Burnham V. Superior Court Of California
Famous quotes containing the words issue and/or result:
“The reason child care is such a loaded issue is that when we talk about it, we are always tacitly talking about motherhood. And when we’re talking about motherhood we’re always tacitly assuming that child care must be a very dim second to full-time mother care.”
—Anna Quindlen (b. 1952)
“A perfect personality ... is only possible in a state of society where man is free to choose the mode of work, the conditions of work, and the freedom to work. One to whom the making of a table, the building of a house, or the tilling of the soil, is what the painting is to the artist and the discovery to the scientist,—the result of inspiration, of intense longing, and deep interest in work as a creative force.”
—Emma Goldman (1869–1940)