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fair play and substantial justice

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Legal Dictionary

Main Entry: fair play and sub·stan·tial justice
Function: noun
: a requirement or standard of fairness which a court's assertion of personal jurisdiction over a nonresident defendant must meet in order to avoid a violation of the defendant's right to due process —see also MINIMUM CONTACTS International Shoe Company v. Washington in the IMPORTANT CASES section
NOTE: In International Shoe Company v. Washington, the Supreme Court held that in order for a state court to exercise jurisdiction over a defendant whose residence is elsewhere, the court must establish that the defendant has such minimum contacts with the state that the exercise of jurisdiction over the defendant does not offend traditional notions of fair play and substantial justice. Among the factors used to make this determination are the difficulty for the defendant of appearing in the court, the state's interest in deciding the case, and the plaintiff's interest in the convenience of the court and the effectiveness of the relief to be obtained there.
Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
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