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Personal Jurisdiction

Personal jurisdiction is the power of a court over the parties in the case.  Before a court can exercise power over a party, the constitution requires that the party have certain minimum contacts with the forum in which the court sits.  International Shoe v Washington, 326 US 310 (1945). Personal jurisdiction is generally waiveable, so if a party appears in a court without objecting to the court's lack of jurisdiction over it, that objection is forfeited.  See Federal Rule of Civil Procedure 12(a)(4).   

See also in personam

 

 Historically, the jurisdiction of courts to render judgment in personam is grounded on their de facto power over the defendant's person. Hence, his presence within the territorial jurisdiction of a court was prerequisite to its rendition of a judgment personally binding him. Pennoyer v. Neff, 95 U.S. 714, 733. But now that the capias ad respondendum has given way to personal service of summons or other form of notice, due process requires only that, in order to subject a defendant to a judgment in personam, if he be not present within the territory of the forum, he have certain minimum contacts with it such that the maintenance of the suit does not offend "traditional notions of fair play and substantial justice." Milliken v. Meyer, 311 U.S. 457, 463. See Holmes, J., in McDonald v. Mabee, 243 U.S. 90, 91. Compare Hoopeston Canning Co. v. Cullen, 318 U.S. 313, 316, 319. See Blackmer v. United States, 284 U.S. 421; Hess v. Pawloski, 274 U.S. 352; Young v. Masci, 289 U.S. 253. 

 

International Shoe v Washington, 326 US 310 (1945).