Module 6: Personal Jurisdiction

What is personal jurisdiction?

court’s power over the parties to the case

what is *in personam* jurisdiction

* power of court to compel presence of parties to the dispute to appear in front of the court and litigate
* plaintiff seeks legally binding judgment against defendant
* civil, does court have authority over defendant

what is *in rem*

jurisdiction over property

what is procedural due process

* compliance with the US Constitutional requirement
* People are treated unfairly when the government deprives them of “life, liberty, or property.”

What is required to establish personal jurisdiction over the defendant?

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1. adequate notice
2. hearing
3. impartial decision maker
4. substantial contact between defendant and thes tate where the lawsuit been filed

what is an appearance?

any formal steps/actions taken in court to defend case

what is a special appearance?

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1. if defendant wish contest court’s personal jurisdiction
2. motion made by defendant solely for purpose of challenging the courts personal jurisdiction

What is a service of summons?

if defendant NOT make appearance, plaintiff see court acquires personal jurisdiction

what is a summon?

formal notice of lawsuit (include plaintiff’s complaint)

what is a personal service?

delivery to defendant in person while defendant physically within forum state

what are long-arm statutes

Court can get personal jurisdiction over defendant without appearance or service with summons in forum state. This happens when nonresident defendant has done business or committed a tort. Past contact with state also helps. If defendant has enough contact with forum state, summons sent to central office in forum state. Official sends summons to defendant who can then respond to complaint or have attorney make special appearance.

characteristics of **general** personal jurisdiction

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1. nonresident has continuing contacts with forum state, LAS effective
2. Court can acquire personal jurisdiction over nonresident defendant regardless nature of dispute and regardless whether dispute arose from one of the specific contacts the defendant had with forum state
3. D had continuous and systematic contacts with forum state (applies even if suit does not arise from contacts in forum state)


1. physical presence or targeted activity in forum state

characteristics of **specific** personal jurisdiction

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1. nonresident defendant intentionally engaged in specific act in forum state or making a contract with someone in forum state
2. Dispute must arise out of that specific state
3. Don **rarely** visit TX, but last time he did he crashed his rental car into Paul, specific personal jurisdiction exist


1. contact cause injury/conflict
4. Suit arises from D’s activities in the state

how do courts obtain personal jurisdiction?

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1. consent by D
2. sue & serve in D’s home state
3. Serve D when D’s within the forum state