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🪜civil procedure review

Burnham v. Superior Court

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

Burnham v. Superior Court is a significant Supreme Court case from 1990 that addressed the issue of personal jurisdiction in relation to a non-resident defendant physically present in a state. The ruling established that a state could exercise personal jurisdiction over an individual based on their physical presence in the state, reinforcing the concept of 'tag jurisdiction.' This case is important for understanding how in-person contacts with a state can establish jurisdiction, particularly in the context of in rem and quasi in rem jurisdiction.

5 Must Know Facts For Your Next Test

  1. The case arose when Charles Burnham was served with divorce papers while he was in California, despite being a resident of New Jersey.
  2. The Supreme Court ruled that Burnham's physical presence in California gave the state jurisdiction over him, regardless of his residency.
  3. The decision affirmed that states have the right to exercise personal jurisdiction over individuals who are present within their borders at the time legal actions are initiated.
  4. Burnham v. Superior Court established precedent for future cases involving issues of personal jurisdiction and set limits on how courts can assert jurisdiction based on residency versus physical presence.
  5. The ruling emphasized that fairness and substantial justice are essential considerations when determining whether it is reasonable for a state to assert personal jurisdiction over an out-of-state defendant.

Review Questions

  • How did Burnham v. Superior Court influence the interpretation of personal jurisdiction in relation to physical presence?
    • Burnham v. Superior Court clarified that a state could assert personal jurisdiction over a defendant solely based on their physical presence within the state's boundaries. The ruling reinforced the idea of 'tag jurisdiction,' which allows courts to exercise authority over individuals who are physically present at the time they are served with legal documents. This case highlighted the importance of a defendant's in-person contacts with the forum state as a basis for establishing personal jurisdiction.
  • What implications did Burnham v. Superior Court have for future cases regarding jurisdictional challenges, particularly those involving non-resident defendants?
    • The implications of Burnham v. Superior Court are significant for future cases involving jurisdictional challenges, especially with non-resident defendants. The ruling provided clear guidance on how states can assert personal jurisdiction through physical presence, which serves as a foundation for addressing similar issues in later cases. Courts now refer to this decision when evaluating whether exercising jurisdiction over out-of-state defendants is reasonable, ensuring that due process rights are upheld while allowing states to protect their interests.
  • Evaluate the balance between individual rights and state interests in Burnham v. Superior Court and how this balance reflects broader principles in civil procedure.
    • In Burnham v. Superior Court, there is an intricate balance between individual rights and state interests regarding personal jurisdiction. The Supreme Court emphasized that while states have an interest in regulating activities within their borders and ensuring access to their courts, this must be balanced against the due process rights of individuals. The decision reflects broader principles in civil procedure by reinforcing that fairness and substantial justice must guide how courts exercise their authority over defendants, ensuring that the legal system operates equitably for all parties involved.