Research On The Application Of The "Minimum Contacts" Doctrine To The Internet

The "minimum contacts" doctrine is the important formula of exercising special personal jurisdiction in America. Because of the decentralized architecture and the absence of centralized rule-making authority of the internet, Since the mid-1990s, courts have struggled with the issue of whether to assert personal jurisdiction over an out of state defendant who has established contacts with the forum state via the internet. Thus, the law regarding personal jurisdiction over nonresidents having internet contacts with the forum state has produced a juxtaposition of traditional and non-traditional factors to resolve such disputes. This Note surveys the state of special personal jurisdiction jurisprudence with respect to Internet-related activities. Chapter I provides background material on the concept of personal jurisdiction and the "minimum contacts" doctrine used to determine when a court has jurisdiction over an out of state defendant. Chapter II reviews how courts have applied "minimum contacts" doctrine to the Internet, especially Zippo sliding scale test, which is the new approach used to determine if there are "minimum contacts" with the forum that do not offend traditional notions of fair play and substantial justice. Chapter III analyzes the application of personal jurisdiction rules to the Internet and concludes that although there are advantages to the new personal jurisdictional tests that some courts have developed for these cases, the traditional personal jurisdiction tests remain the best approach, even when applied to the Internet.