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Long Arm Statute: A Key to Jurisdiction in Cross-State Legal Matters
Definition & Meaning
The long-arm statute is a legal provision that enables a state to assert jurisdiction over an out-of-state defendant. This is possible when the defendant has established sufficient minimum contacts with the state in which the lawsuit is filed. Such contacts could include doing business, owning property, or committing a tort within the state. Essentially, these statutes allow courts to hold defendants accountable for actions that have consequences in the local jurisdiction, even if the defendants are not residents of that state.
Table of content
Legal Use & context
Long-arm statutes are primarily used in civil law cases, particularly in tort and contract disputes. They are crucial in situations where a plaintiff seeks to bring a lawsuit against a defendant who resides in another state. This legal framework is essential for ensuring that individuals and businesses can be held accountable for actions that impact residents of a different state.
Users can often manage these legal processes themselves with the right tools, such as legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A driver from State A causes an accident in State B. The injured party in State B can sue the driver in their local court, as the accident constitutes sufficient contact with the state.
Example 2: A company based in State C sells a product that causes injury to a consumer in State D. The consumer can bring a lawsuit in State D, utilizing the long-arm statute to establish jurisdiction over the out-of-state company.
Relevant laws & statutes
Major statutes and case law relevant to long-arm jurisdiction include:
International Shoe Co. v. Washington, 326 U.S. 310 (1945) - established the minimum contacts standard.
State-specific long-arm statutes - each state has its own version of a long-arm statute that outlines the conditions under which it can exercise jurisdiction over non-residents.
State-by-state differences
Examples of state differences (not exhaustive):
State
Long-Arm Statute Features
California
Allows jurisdiction for any act that causes injury within the state.
New York
Specifies that jurisdiction can be established through business transactions or tortious acts within the state.
Texas
Broadly interprets minimum contacts to include any business conducted in the state.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Personal Jurisdiction
The authority of a court to hear a case involving a specific person.
Long-arm statutes are a means to establish personal jurisdiction over out-of-state defendants.
Subject Matter Jurisdiction
The court's authority to hear cases of a particular type or cases relating to specific subject matter.
Long-arm statutes do not address subject matter jurisdiction, which is determined by the type of case.
Common misunderstandings
What to do if this term applies to you
If you believe a long-arm statute applies to your situation, consider the following steps:
Assess whether the defendant has sufficient contacts with your state.
Consult with a legal professional to understand your options and the specifics of your case.
Explore legal form templates available through US Legal Forms to manage the process efficiently.
Find the legal form that fits your case
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