What is the constitutional standard under the Due Process Clause for a court to exercise specific personal jurisdiction over a nonresident defendant?
The defendant must have sufficient minimum contacts with the forum, and the exercise of jurisdiction must not offend 'traditional notions of fair play and substantial justice'.
The defendant must be personally served with process while physically present in the forum state.
The plaintiff must reside in the forum state where the injury occurred.
The defendant must have waived any objection to jurisdiction by filing a responsive pleading.
The correct answer is that the defendant must have sufficient minimum contacts with the forum state such that the suit does not offend 'traditional notions of fair play and substantial justice'. This two-part standard from International Shoe Co. v. Washington is the cornerstone of modern personal jurisdiction analysis. It ensures that a defendant's due process rights are protected by requiring a meaningful connection between the defendant, the forum, and the litigation. Plaintiff's residence is irrelevant to the analysis of jurisdiction over the defendant. While personal service within the state (transient jurisdiction) is a traditional basis for jurisdiction, it is distinct from the 'minimum contacts' test applied to nonresidents. A defendant's waiver of the objection is also a separate issue from the initial constitutional test for jurisdiction.
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Civil Procedure
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