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The Long Arm Statute - Essay Example

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The Long Arm Statute is a state law allowing the state to exert jurisdiction upon a defendant who is an out-of-state, as long as the prospective defendant has enough minimum contacts with the state of forum. …
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The Long Arm Statute
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Download file to see previous pages Jurisdiction over a defendant who is out-of-state is often known as extraterritorial personal jurisdiction or personam jurisdiction which permits a court to exert jurisdiction upon an individual. It is always an important requirement for a given court to listen to the merits of claims alleged. Going by the history, a given state had the capability of exercising its jurisdiction within its territorial limits. For that reason, a defendant who is nonresident was brought to court when the delivery of writ or summons (service of process) was settled while the defendant in question was within the state boundaries (Parness 486). In Adamson’s case, he lives in Idaho with his children who happened to have made an order of Makers Mark from Kentucky. Can Adamson serve the company with a “long arm service of process” and bring the case back to Idaho for court action? Adamson can serve the company with the long arm service of process so that the case can be taken back to Idaho. However, Kentucky would be ideal for handling the cases despite the fact that Adamson’s family hailed from Idaho, and had minimal contact with the forum state. In this case, Makers Mark was searched through the Internet and for that reason; there was ‘certain minimum contacts’ during the process....
However, Idaho is ideal for the hearing of the case as the defendants hail from the state and would be better placed to access the courts as opposed to going all the way to Kentucky. The best state for forum and review of the case would be Kentucky though with minimum contact, is the place to follow up the case as the transaction was done within the state. The fact that there was certain minimum contact was enough a reason to adopt the in Kentucky (Adams). Which state law from the two states should the Judge use? The judge will use the Kentucky state law which states that: A court may exert personal jurisdiction upon a person acting directly or through an agent as to claims emanating from the person’s conducting any business in this Commonwealth. The “person” in this case refers to an individual, administrator, his executor, any personal representative, partnership, association, corporation, or any other commercial or legal entity, who happens to be a non resident of the state (Parness 487). In this case Adamson is not the person that committed the act, but his children who acted as his representatives. They made the transaction on his behalf and are liable for legal action within Kentucky state statutes and laws. Explain the written law and your reasons. Analyze the written law in relation to this case, explain current case law and reach a conclusion as a judge Because the person (Adamson’s representatives) made an Internet search, this means that there was, in deed, certain minimum contact with the state. Secondly, the person also made calls and enquires and would later manage to convince the company through calls and fax that they were of the right age to make the transaction. The defendant has breached the Kentucky statute by ...Download file to see next pagesRead More
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