Bensusan Case Is Relied Upon As Example For Determining Passive Websites On The Internet

Websites and the advent of the Internet have made judges reevaluate the legislation and judicial precedence to make these laws fit in the new bottle of present day technology. Jurisdictional will continually be one of great controversy and the results will be different depending on judicial discretion. The decision of Bensusan Restaurant Corp. v. King, 937 F. Supp. 295 (S.D.N.Y. 1996) aff’d 126 F.3d 25 has been viewed as first key cases involving personal jurisdiction and has been cited as a key case involving the Internet arena.

The following questions have been addressed in this article:

What is jurisdiction?
What is general personal jurisdiction and specific personal jurisdiction?
What are the parties involved and the facts involved?
What did the court determine?
What are the long-term effects of the Internet and jurisdictional issues?


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