Burnham v. Superior Court :: 495 U.S. 604 (1990) :: US LAW US Supreme Court Center
- Antonin Scalia (Author)
- William Hubbs Rehnquist
- Anthony M. Kennedy
- Byron Raymond White
- Byron Raymond White (Author)
- William Joseph Brennan, Jr. (Author)
- Thurgood Marshall
- Harry Andrew Blackmun
- Sandra Day O'Connor
- John Paul Stevens (Author)
Burnham argued that personal jurisdiction changed into mistaken because he did no longer have minimal contacts with the nation, however the California courts ruled that it turned into proper based totally on his physical presence when he become served. Opinions
The prison subculture long has held that kingdom courts have jurisdiction over non-citizens who're bodily gift there. The exams of minimal contacts related to the subject count of the dispute or continuous and systematic contacts do no longer want to be implemented. They are relevant simplest when the defendant is served with process when outside the discussion board state.
This is this kind of long-status rule that it might be very hard for a court docket to strike it down, both facially or as applied.
The outcome in this case is correct, however the precept need to now not be found to be valid certainly as it has endured for a long term. Instead, it's far valid as it does now not struggle with due procedure necessities of truthful play and good sized justice.
This is a reasonably truthful decision due to the fact all the avenues of analysis point in the direction of the equal result, whether they are primarily based on records or extra contemporary concerns.Case Commentary