Personal Jurisdiction Overview

A court's authority to exercise control over a person or thing.

Jurisdiction based on a defendant's permanent residence in the forum state.

Jurisdiction based on a defendant's physical presence in the forum state.

Jurisdiction based on a defendant's consent to be sued in the forum state.

A state law that allows courts to exercise jurisdiction over defendants who have certain minimum contacts with the state.

A defendant must show they have minimum contacts with the forum state before a court can exercise jurisdiction over them. This includes purposeful availment and foreseeability.

A defendant must have purposely availed themselves of the privileges and benefits of the forum state. Being accidentally in the state or engaging in a single act is usually not enough.

A defendant must have reasonably anticipated being sued in the forum state. Foreseeability alone is not sufficient.

The nature and quality of a defendant's connection to the forum state must be sufficiently related to the plaintiff's claim.

Jurisdiction based on a court's power over a piece of property.

Jurisdiction based on a court's power over a person or entity.

A court's authority to hear a particular type of case.

Federal courts have jurisdiction over cases arising under the Constitution, treaties, and federal laws.

Federal courts have jurisdiction over cases where the parties are from different states and the amount in controversy exceeds $75,000.

A court's authority to hear related claims that lack independent subject matter jurisdiction, as long as the claims share a common nucleus of operative fact.

The process by which a case filed in state court can be moved to federal court. The defendant can remove a case if it could have been originally filed in federal court, there is complete diversity of citizenship, and the defendant is not a resident of the state where the lawsuit was filed.

A legal doctrine that determines whether state or federal law should be applied in diversity cases.

The rules of the court that govern how a case will be heard.

The rules that govern how the facts of the case will be interpreted.

Determining the proper federal judicial district in which a plaintiff can file a lawsuit.

Transferring a case from one federal court to another. The transferee court must be one where the claim could have been originally filed.

A doctrine allowing a court to dismiss a case when there is a more appropriate forum to hear the case. The court must consider private and public interest factors, including convenience and the interest of justice.

The delivery of summons and the complaint to the defendant, satisfying the notice requirement.

The initial pleading filed by the plaintiff, outlining the grounds for jurisdiction and the nature of the claim.

A defendant's response to the complaint, stating defenses to each claim and counterclaims.

A claim by a defendant against the plaintiff, arising from the same transaction or occurrence as the plaintiff's claim.

A claim filed by one party against a co-party, arising from the same transaction or occurrence as the original claim.

Allows plaintiffs to join another plaintiff or a defendant if the claims arise from the same transaction or occurrence and share common questions of law or fact.

Allows a party to join an absent party if they are deemed necessary or indispensable to the case.

A procedural device allowing a defendant to bring in a third party who may be liable to the defendant for the plaintiff's claim.

A process allowing a third party to join a lawsuit as a plaintiff or defendant if they have an interest that could be harmed if not joined or a statute gives them the right to intervene.

Allows a party to join a lawsuit when there are multiple claimants with competing claims to the same property or fund.

The process where parties exchange information in a lawsuit using tools like depositions, interrogatories, and requests for production.

A motion asking the court to enter judgment against the opposing party because there is no genuine dispute as to any material facts.

A motion asking the court to take a case away from the jury and render a decision because there is no way the other party could prevail.