Personal jurisdiction refers to a court's jurisdiction over the parties to a law suit, as opposed to subject-matter jurisdiction (jurisdiction over the determinations of law and fact to be made in the case or controversy). If a court does not have personal jurisdiction over a party, its rulings or decrees cannot be enforced as to that person, otherwise than by comity, that is to the extent the sovereign that does have jurisdiction upon the person allows the court to. Personal jurisdiction means the power of the court to decide a dispute, as against a particular person. The concept of personal jurisdiction finds its origin in the idea that the power of the King vests in his Sceptre. The King could not possibly exercise power over persons or property situated outside of his kingdom. Slowly this was adopted in law. Soon after, there were problems because of persons who owned land or property and were not 'present' at the time they were sued, or had died, or had left the kingdom. The courts then culled out another means to get jurisdiction, called quasi in rem, that is, over the land in and of itself, even if the person who owned the land was not there. However this was limited to the discharge of debts owed by the owner of the land. In the United States, the exercise of personal jurisdiction by a court must both comport with Constitutional limitations, and be authorized by a State statute. In the United Kingdom, the exercise of personal jurisdiction does not need a statutory basis, since the United Kingdom does not have a written constitution.
Read more about Personal Jurisdiction: Principles of Personal Jurisdiction in The United States, Historical Background: Territorial Jurisdiction, Modern Constitutional Doctrine: International Shoe Doctrine, Statutory Authorization, Relationship To Venue
Other articles related to "personal jurisdiction, jurisdiction, jurisdictions":
... Supreme Court case which held that an Ohio state court could exercise general personal jurisdiction over a foreign corporation on the basis of that company's "continuous and ... during this period allowed Ohio to properly assert general jurisdiction over his company ... case because the defendant was a foreign corporation and, as such, the Court did not have personal jurisdiction over it ...
... Venue and personal jurisdiction are closely related for practical purposes ... A lawyer should usually perform joint analysis of personal jurisdiction and venue issues ... Personal jurisdiction is largely a constitutional requirement, though also shaped by state long-arm statutes and Rule 4 of the Federal Rules of Civil Procedure, while venue ...
... While the article was written and edited in Florida, the Court found that personal jurisdiction was properly established in California because of the effects of the defendants' conduct in ... finds that a defendant's actions meets the standard of purposeful direction, then personal jurisdiction may be asserted based on Internet activities which do not meet the requisite level of interactivity or ...
... Personal jurisdiction in Internet cases refers to a growing set of judicial precedents in American courts where personal jurisdiction has been asserted upon defendants based solely on their ... Personal jurisdiction in American civil procedure is premised on the notion that a defendant should not be subject to the decisions of a foreign or out of state ... litigation in an unlimited number of possibly remote jurisdictions (in line with the Due Process requirements of the U.S ...
... of a foreign resident on the Internet will sometimes give rise to personal jurisdiction in the foreign forum, as the High Court of Australia found in ... HCA 56 (where the court held that The Wall Street Journal who defamed Gutnick was subject to jurisdiction in Gutnick's country of Australia, as the Journal availed ... (LICRA), the 9th Circuit Court of Appeals held that it had personal jurisdiction over two French organizations who sued Yahoo! in a French court ...
Famous quotes containing the words jurisdiction and/or personal:
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