/jur-iss-DIK-shun OH-ver thuh PER-sun/·procedural term
Also known as:jurisdiction over persons · personal jurisdiction · in personam jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A court's authority to render a binding judgment against a particular defendant. The authority rests on the defendant's presence or contacts within the forum, on consent, or on statutory grounds such as long-arm jurisdiction.
Sources & Authorities
How it applies
Common Examples
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Motion to Dismiss for Lack of Contacts
Judy Jacobs, a resident of State X, sued Juarez Holdings in State Y federal court over a contract formed entirely in State X. Juarez Holdings moved under Rule 12(b)(2) to dismiss the complaint. The court granted the motion because the company had no contacts with State Y that would support jurisdiction over the person.
Stream of Commerce Indemnity Claim
Jonathan Jaffe, a foreign manufacturer, placed components into international commerce knowing they might reach State Z. When an indemnity suit arose in State Z between two foreign corporations, the court refused to exercise jurisdiction over the person. The mere placement of the product in the stream of commerce did not create sufficient contacts and the burdens on the foreign defendant made jurisdiction unreasonable.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Hornbooks
Course Outlines
Study Supplements
Dictionaries
Fallback Venue Based on Jurisdiction
Jordan Jenkins filed suit in federal court after events occurred in multiple districts and no single district satisfied the ordinary venue rules. The court permitted venue in the district where one defendant was subject to the court's jurisdiction over the person because no other district was available under the statute.
Maintenance After Foreign Divorce
Julia Jensen obtained a divorce decree in State W that lacked jurisdiction over the person of her absent spouse Jeffrey Jha. She later sought maintenance in State W. The court could award maintenance only after finding that Julia lacked sufficient property for her reasonable needs and could not support herself through appropriate employment.
Child Custody Without Personal Jurisdiction
Joanna Jung sought a custody determination in State V concerning a child who had never lived there. The court held that neither the physical presence of the child nor personal jurisdiction over either parent was necessary or sufficient to make the custody determination.
Initiating Support Proceeding in Another State
Jacobs Shipping filed a support petition in State U on behalf of a petitioner and forwarded it to a responding tribunal in State T. The petition could be filed directly in State T because that tribunal had or could obtain jurisdiction over the person of the respondent.
Common questions
Frequently Asked
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What does a defendant do when it believes the court lacks jurisdiction over the person?+
The defendant may move to dismiss under Federal Rule of Civil Procedure 12(b)(2). The motion must be made before or in the responsive pleading, and failure to raise it timely can result in waiver.
Supporting sources
Does merely placing a product in the stream of commerce establish jurisdiction over the person?+
No. Mere placement of a product into the stream of commerce, even with awareness that it may reach the forum state, is not alone a clearly sufficient basis for personal jurisdiction.
Supporting sources
When may a court award maintenance after a divorce decree entered without jurisdiction over the absent spouse?+
The court may grant maintenance only if it finds that the spouse seeking maintenance lacks sufficient property to provide for reasonable needs and is unable to support himself through appropriate employment or is the custodian of a child whose condition makes outside employment inappropriate.
Supporting sources
Is physical presence of a child or personal jurisdiction over a parent required for a child-custody determination?+
No. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.
Supporting sources
433 U.S. 186 (1977)Conflict of Laws
…State, a judgment could affect his interest in property outside the State. But any attempt "directly" to assert extraterritorial jurisdiction over persons or property would offend sister States and exceed the inherent limits of the State's power. A judgment resulting from such an attempt, Mr. Justice Field concluded, was not only…