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Encyclopedia > Personal jurisdiction

U.S. Federal
civil procedure doctrines
Justiciability
Advisory opinions
Standing  · Ripeness  · Mootness
Political questions
Jurisdiction
* Subject matter jurisdiction:
Federal question jurisdiction
Diversity jurisdiction
Amount in controversy
* Personal jurisdiction:
Federal question jurisdiction
Diversity jurisdiction
Federalism
Erie doctrine  · Abstention
Sovereign immunity  · Abrogation
Rooker-Feldman doctrine
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Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. The court must have personal jurisdiction to enforce its judgments or orders against a party. Official seal of the Supreme Court of the United States File links The following pages link to this file: Marbury v. ... For other uses, see United States (disambiguation) and US (disambiguation). ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... Justiciability is a term used in civil procedure to describe whether a dispute is capable of being settled by a court of law. ... An advisory opinion, in civil procedure, is an opinion issued by a court that does not have the effect of resolving a specific legal case, but merely advises on the constitutionality or interpretation of a law. ... In law, standing is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged. ... In law, ripeness refers to the readiness of a case for litigation; for example, if a law of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a decision. ... In law, a matter is moot if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law. ... In United States law, a ruling that something is a political question is a statement by a federal court, declining to rule in a case because: 1) the U.S. Constitution has committed decisionmaking on this subject to another branch of the federal government; 2) there are inadequate standards for... In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ... Subject matter jurisdiction is a legal term used in civil procedure to indicate that a case must be entered in the proper court of law based on the nature of the claim. ... Federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution, laws, or treaties of... Diversity jurisdiction is a term used in civil procedure to refer to the situation in which a United States district court has subject matter jurisdiction to hear a civil case because the parties are diverse, meaning that they come from different states. ... Amount in controversy (sometimes called jurisdictional amount) is a term used in United States civil procedure to denote a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the case. ... Federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution, laws, or treaties of... Diversity jurisdiction is a term used in civil procedure to refer to the situation in which a United States district court has subject matter jurisdiction to hear a civil case because the parties are diverse, meaning that they come from different states. ... Federalism is the idea of a group or body of members that are bound together (latin: foedus, covenant) with a governing representative head. ... The Erie doctrine is a fundamental legal doctrine of Civil procedure in the American legal system that stems from Supreme court Justice Louis Brandeis watershed opinion in the landmark decision of Erie Railroad Co. ... An abstention doctrine is any one of several doctrines that a United States federal court might (or in some cases must) apply to refuse to hear a case, when hearing the case would potentially intrude upon the powers of the state courts. ... Sovereign immunity or crown immunity is a type of immunity that, in common law jurisdictions traces its origins from early English law. ... The abrogation doctrine is a doctrine in United States constitutional law which permits the U.S. Congress to allow lawsuits seeking monetary damages against individual U.S. states, so long as this is usually done pursuant to a constitutional limitation on the power of the states. ... The Rooker-Feldman doctrine is a rule of civil procedure enunciated by the United States Supreme Court in two cases, Rooker v. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... Categories: Move to Wiktionary | Law stubs | Legal terms ... A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... This article is about witnesses in law courts. ... In law, jurisdiction refers to the aspect of a any unique legal authority as being localized within boundaries. ... A judgment or judgement, in a legal context, is synonymous with the formal decision made by a court following legal proceedings. ...


Personal jurisdiction is distinguished from subject-matter jurisdiction jurisdiction in rem and "long arm jurisdiction". Subject matter jurisdiction is a legal term used in civil procedure to indicate that a case must be entered in the proper court of law based on the nature of the claim. ... Sometimes a court may exercise jurisdiction over property located within the perimeter of its powers without regard to personal jurisdiction over the litigants; this is called jurisdiction in rem. ... Long arm jurisdiction is the ability of a court to enter hear a case against a defendant, and enter a binding judgment against a defendant, when the defendant does not reside within the geographical territory of the court. ...


Methods of acquiring personal jurisdiction

In a civil case, personal jurisdiction over a defendant is obtained by service of a summons. Personal jurisdiction over a witness is obtained by service of a subpoena. Service can be accomplished by personal delivery of the summons or subpoena to the person or an authorized agent of the person. Service may also be made by substituted means; for example, in many jurisdictions, service of a summons can be made on a person of suitable age and discretion at the residence or place of business of the defendant. Jurisdiction over corporations can often be obtained through a government body authorized to receive such process. In some jurisdictions the Clerk of the Court may be authorized to accept legal process for persons who cannot otherwise be found. A lawsuit is a civil action brought before a court in order to recover a right, obtain damages for an injury, obtain an injunction to prevent an injury, or obtain a declaratory judgment to prevent future legal disputes. ... A summons is a legal document issued by a court addressed to a defendant in a legal proceeding. ... A subpoena (pronounced suh-pee-nuh) is a writ commanding a person to appear under penalty (from Latin). ... Service of process is the term given to legal notice of a court or administrative bodys exercise of its jurisdiction over individuals who are the subject of proceedings or actions brought before such court, body or other tribunal. ...


Traditionally, in civil proceedings in the United States, the defendant was required to be physically present, at the time he or she was served with a summons, in the state where the court sits. Over the years, the reach of personal jurisdiction was expanded by judicial interpretations and legislative enactments. For example, states in the United States have statutes that govern obtaining personal jurisdiction over out of state motorists who are involved in accidents within a state. In addition, the states have enacted provisions for "long arm jurisdiction," by which the courts can exercise jurisdiction over a business entity or individual located outside the state, if (for example) the out-of-state entity or individual regularly does business in the state or transacted business with the plaintiff within the state. A U.S. state is any one of the fifty states (four of which officially favor the term commonwealth) which, together with the District of Columbia and Palmyra Atoll (an uninhabited incorporated unorganized territory), form the United States of America. ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ...


Constitutional limits

The Supreme Court of the United States has held that constitutional requirements of due process limit the state courts' exercise of personal jurisdiction over nonresidents. In general, to be subject to personal jurisdiction, a defendant that was not personally served with process within the state must have a sufficient level of personal or business contacts with the state in which the court sits that the defendant could reasonbly expect to be sued there. These contacts are generally referred to by the term of art "minimum contacts". Generally speaking, a party is subject to personal jurisdiction in a state if the party has purposely availed itself of the resources of protection of the state. Seal of the Supreme Court Scotus redirects here. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... In the U.S., a state court has jurisdiction over disputes which occur in a state. ... Jargon redirects here. ... Minimum contacts is a term used in the United States law of civil procedure to determine when it is appropriate for a court in one state to assert in personam jurisdiction (i. ...


Normally, the personal jurisdiction of a United States District Court is concurrent with the personal jurisdiction of the courts of the state in which it sits. In some circumstances, however, statutes and rules of court allow the federal District Courts to exercise nationwide personal jurisdiction or to exercise personal jurisdiction over foreign persons or entities based on their contacts with the United States as a whole. The United States district courts are the general trial courts of the United States federal court system. ...


General and specific jurisdiction

Personal jurisdiction in the United States is divided into two categories. A court may exercise jurisdiction if it finds either general or specific jurisdiction over a party. General jurisdiction exists when a party has extensive dealings with the region of territory administered by the court. Specific jurisdiction is present when a party performed some activity in the territory without which the present action before the court could not have been brought.


  Results from FactBites:
 
Los Angeles Lawyer - Personal Jurisdiction (674 words)
Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court.
Personal jurisdiction is distinguished from subject-matter jurisdiction and jurisdiction in rem.
In general, to be subject to personal jurisdiction, a defendant that was not personally served with process within the state must have a sufficient level of personal or business contacts with the state in which the court sits that the defendant could reasonbly expect to be sued there.
jurisdiction: Definition, Synonyms and Much More from Answers.com (5976 words)
If the court does not have jurisdiction, the defendant may challenge the suit on that ground, and the suit may be dismissed or its result may be overturned in a subsequent action by one of the parties in the case.
This type of personal jurisdiction is called in rem, or "against the thing." Personal jurisdiction over all parties interested in the real property is gained not through the parties but through the presence of the land in the court's jurisdiction.
Personal jurisdiction in a criminal case is established when the defendant is accused of committing a crime in the geographic area in which the court sits.
  More results at FactBites »

 
 

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