Also known as: subjective jurisdictions · personal jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A doctrinal basis for a court's exercise of authority over a defendant founded on the defendant's own conduct or presence within the forum state rather than on the effects of that conduct felt elsewhere.
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Sebastian Santos, a resident of State X, is sued in State Y federal court by a local plaintiff. Santos files a timely motion under Rule 12(b)(2) asserting that the court lacks authority over him because he has never conducted business or maintained contacts in State Y. The court grants the motion and dismisses the action because no basis exists to subject Santos to its authority.
Southland Foods, a foreign manufacturer, sells a valve to a tire company knowing the tire company distributes products nationwide. A tire incorporating the valve injures a plaintiff in State Z. Southland Foods moves to dismiss for lack of authority over it in State Z. The court denies the motion only after finding additional purposeful contacts beyond mere placement into commerce.
Sophia Singh sues two defendants in federal court. No district satisfies the residence or substantial-events rules for venue. One defendant maintains its principal place of business in the chosen district and is therefore subject to the court's authority there. The court upholds venue under the fallback provision because that defendant can be reached by the court's power.
Steven Silva obtains a divorce decree in State A without personal authority over his spouse Sasha Stone, who resided in State B. Stone later petitions State A for maintenance. The court grants the award only after finding that Stone lacks sufficient property and cannot support herself through appropriate employment.
Santiago Sanchez seeks a custody determination in State C concerning a child who has never been present there. The other parent resides in State D. The court proceeds because physical presence of a party or the child is neither required nor sufficient to establish the necessary authority for the determination.
Solomon Silver files a support petition in State E against a respondent living in State F. State F has authority over the respondent. Silver may file directly in State F or through an initiating tribunal in State E because the responding tribunal can obtain the necessary authority over the respondent.
Yes. In proceedings to establish or enforce child support or determine parentage, a state tribunal may exercise personal jurisdiction over a nonresident if the respondent is personally served with process while physically present in the state. This basis operates independently of minimum contacts analysis and is satisfied by valid in-state service alone.
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…of in personam actions. In International Shoe Co. v. Washington , 326 U. S. 310 (1945), we held that a state may exercise personal jurisdiction over a nonresident defendant only if the defendant has “minimum contacts” with the state “such that the maintenance of the suit does not offend ‘traditional notions of fair play and…
…Miami. The Michigan franchisee defaulted on its payments, and Burger King sued in federal court in Florida. Rudzewicz contested personal jurisdiction on the ground that he had no contacts with Florida other than the franchise agreement itself. The District Court held that the court had
…petitioner, an Illinois resident, in this action brought by his former wife. The California Superior Court found that it had personal jurisdiction
…and now reverse. II A The Due Process Clause of the Fourteenth Amendment limits the power of a state court to exert personal jurisdiction
…U.S. 155. Cheever v. Wilson held that a decree of divorce granted by a state in which one spouse was domiciled and which had personal jurisdiction over the other was as conclusive in other states as it was in the state where it was obtained. Atherton v. Atherton held that full faith and credit must be given a decree of divorce…
Yes. Submission to jurisdiction occurs when a party files a responsive pleading addressing the merits without contesting personal jurisdiction. Such a filing constitutes a general appearance that waives any later challenge and supplies an independent statutory basis for the court's authority.
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Yes. Under the Uniform Interstate Family Support Act, a tribunal may exercise personal jurisdiction when the individual resided with the child in the state. A year-long period of cohabitation in government housing satisfies this ground even if the residence was temporary and tied to employment.
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Yes. The statutory basis for personal jurisdiction in support or parentage proceedings requires only that the respondent be personally served while physically present in the state. The brevity or commercial purpose of the visit does not defeat jurisdiction once valid service is accomplished.
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