What two requirements must be satisfied in order for a civil court to exert personal jurisdiction over a defendant?

b. Suppose that Utah had a statute declaring that its courts have jurisdiction over any person who commits a tort that injures a Utah citizen, no matter where the tort is committed. Suppose that Sadie, a Utah resident, visits the California countryside on her vacation. While Sadie is in California, Franco runs over Sadie with his car. After returning to Utah, Sadie files suit against Franco to recover medical expenses associated with the car incident.

Franco needs your advice. Is Franco subject to personal jurisdiction in Utah? Why or why not? What is a long-arm statute? Does the Utah long-arm statute apply here? Why or why not?

c. Trips R Us, Inc. (“Trips”) is a travel company and is a Georgia corporation. However, Trips was incorporated in Georgia for reasons of convenience only as Trips do not offer tours in Georgia. Trips was running a tour in Maine and there was a fatal accident. Polly sued Trips in Georgia, alleging that Trips is responsible for the wrongful death of her (Polly’s) parents. Trips moved to dismiss the case for lack of personal jurisdiction, citing its lack of contacts with the forum state. Should the judge grant or deny the motion?

* Hint: check out Carnival Cruise Lines v. Shute, 499 U.S. 585 (1991).

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