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Civil Procedure

In Personam Jurisdiction: Constitutional Limitations

In Personam Jurisdiction: Constitutional Limitations

Learn about the second step of an in personam jurisdiction analysis: whether the exercise of jurisdiction over a person complies with the requirements of due process under the Constitution.


Once we have decided that there is a statutory basis for personal jurisdiction, we then proceed to the second step of the two-step dance which is to ask whether exercising jurisdiction would comply with the Constitution. Recall that the Due Process Clause of the Fourteenth Amendment provides that a state "shall [not] deprive any person of life, liberty, or property, without due process of law." U.S. Const. amend XLV, § 2. In International Shoe v. Washington, the Supreme Court held that “due...