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 area [of toilet training] is one where a child really does possess the power to defy. Strong pressure leads to a powerful struggle. The issue then is not toilet training but who holds the reins—mother or child? And the child has most of the ammunition!”
—Dorothy Corkville Briggs (20th century)
“If it is the result of a pure love, there can be nothing sensual in marriage. Chastity is something positive, not negative. It is the virtue of the married especially. All lusts or base pleasures must give place to loftier delights. They who meet as superior beings cannot perform the deeds of inferior ones.”
—Henry David Thoreau (1817–1862)