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A Study Of Long-arm Jurisdiction In American Conflict Law

Posted on:2006-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:L X ZhouFull Text:PDF
GTID:2166360155465010Subject:International Law
Abstract/Summary:PDF Full Text Request
On the background of the American civil procedure, the matter of jurisdiction is of great importance. The concept of jurisdiction, what's more, is so complicated and confusing that foreigners are often bored by it during international civil procedure. Yet, Long-arm jurisdiction is looked on as hijacking legally. Definitude the meaning of long-arm jurisdiction, it's provision in related law and the pattern of it's application are definituded in the paper. Moreover, the paper try to put forward some legislation suggestion as to Chinese related law, and provide legal direction for Chinese party in international civil procedure, through analyzing and discussing it's application in all kinds of cases.In the first chapter, through analyzing and comparing the existed definitions of long-arm jurisdiction, which are given by domestic and foreign scholars, the author concludes a more reasonable concept, according to the track of the birth and development of long-arm jurisdiction. In the second chapter, the pattern of legislation and application in each state and federation is dissertated in respect to long-arm jurisdiction. Furthermore, the method of analyzing law and fact is defined when the state court and federal court judge if long-arm jurisdiction is applied to the case. In the third chapter, all kinds of cases which long-arm jurisdiction is applied to are discussed separately, such as contract, tort, doing business, property, family relations, internet and so on. In the last chapter, the full negative attitude toward long-arm jurisdiction in domestic academe is opposed on the ground of evaluating it objectively. Then, some reasonable suggestions are provided for perfecting our related law.
Keywords/Search Tags:Long-arm jurisdiction, Minimum contacts, Due process of law
PDF Full Text Request
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