12 Facts About Personal jurisdiction

1.

Personal jurisdiction is a court's jurisdiction over the parties, as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law involved in the suit.

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2.

Any assertion of Personal jurisdiction based on anything other than the territorial principle is known as extraterritorial Personal jurisdiction.

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3.

However, this Personal jurisdiction was limited to the settlement of debts owed by the owner of the land.

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4.

Intersection of American federalism and the rules and theories of jurisdiction inherited from the common law of England has resulted in a highly complex body of law respecting personal jurisdiction in the United States.

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5.

In personam Personal jurisdiction, if held by a state court, permitted that court to rule upon any case over which it otherwise held Personal jurisdiction.

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6.

In rem Personal jurisdiction referred to Personal jurisdiction over a particular piece of property, most commonly real estate or land.

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7.

In rem Personal jurisdiction was thus supported by the assumption that the owner of that property, having a concrete economic interest in the property, had a duty to look after the affairs of their property, and would be notified of the pending case by such seizure.

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8.

In rem Personal jurisdiction was limited to deciding issues regarding the specific property in question.

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9.

Quasi in rem Personal jurisdiction involved the seizure of property held by the individual against whom the suit was brought, and attachment of that property to the case in question.

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10.

Extension of quasi in rem Personal jurisdiction led to extreme results that threatened the justification for the Personal jurisdiction.

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11.

Under Pennoyer, personal jurisdiction was authorized by statutes authorizing service of process, but these methods of service often lacked because they required such service to be effected by officers of the state, such as sheriffs – an untenable method for defendants located outside of the state but still subject to jurisdiction due to their contacts with the state.

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12.

Personal jurisdiction is largely a constitutional requirement, though shaped by state long-arm statutes and Rule 4 of the Federal Rules of Civil Procedure, while venue is purely statutory.

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