Black-letter propositions
- 01
Individuals are ordinarily at home where domiciled; corporations where incorporated and headquartered, absent an exceptional home-like forum.
- 02
Purposeful availment governs deliberate forum benefits; purposeful direction often governs intentional conduct aimed at the forum.
- 03
The defendant's own contacts matter, not unilateral activity of the plaintiff or a third person.
- 04
After minimum contacts and relatedness, assess fairness factors.
- 05
Consent, waiver, domicile, and qualifying in-state service are independent traditional bases.
Use this attack sequence under time
Frame the issue
Find the forum statute.
Resolve the next checkpoint
Test consent, waiver, domicile, or service.
Resolve the next checkpoint
Choose general or specific jurisdiction.
Resolve the next checkpoint
For specific jurisdiction: purposeful contact, relatedness, fairness.
Finish the conclusion
Check notice and service separately.
Common wrong turns
- Foreseeability that a product might wander into a state is not purposeful contact.
- An internet site does not create jurisdiction everywhere it can be viewed.
- Property in the forum is not an automatic substitute for minimum contacts.
Worked example
A small retailer sells only in State A. A tourist buys a product there, carries it home to State B, and is injured. The retailer has no State B advertising or sales.
The tourist's unilateral movement of the product is not the retailer's purposeful contact with State B. Specific jurisdiction is unlikely even though injury there was foreseeable in a colloquial sense.
Practice this topic
What Cornell's encyclopedia says
Cornell's Legal Information Institute describes personal jurisdiction as the court's authority to issue a decision regarding the party being sued. A court lacks the power to enter a valid judgment against a defendant unless the defendant is properly subject to its personal jurisdiction when the lawsuit is filed. It traces the modern doctrine to International Shoe v. Washington, which shifted the focus from strict territorial presence to the defendant's relationship with the forum.
Due process requires that the party has minimum contacts with the forum such that maintaining the suit does not offend traditional notions of fair play and substantial justice.
Waiver and the federal rule
Personal jurisdiction can generally be waived, unlike subject-matter jurisdiction. A defendant who appears without objecting is treated as waiving the challenge, and Federal Rule 12(b)(2) is the vehicle for objecting. Rule 12(b) lists lack of personal jurisdiction among the defenses that may be asserted by motion before pleading.
Historically, under Pennoyer v. Neff, jurisdiction could rest on personal service in the forum, domicile, consent or voluntary appearance, or attached property. The summary notes that International Shoe did not overrule Pennoyer but changed the focus, so those older bases remain part of the analysis.
Frequently asked questions
What is the controlling rule for general and specific personal jurisdiction?+
Specific jurisdiction requires the defendant's purposeful forum contact, a claim arising out of or relating to it, and a reasonable exercise of authority.
How should I analyze general and specific personal jurisdiction on the bar exam?+
Find the forum statute. Test consent, waiver, domicile, or service. Choose general or specific jurisdiction. For specific jurisdiction: purposeful contact, relatedness, fairness. Check notice and service separately.
What is personal jurisdiction?+
The court's authority to issue a decision regarding the party being sued, and without it a court cannot enter a valid judgment against the defendant, per Cornell's Legal Information Institute.
What test does International Shoe set?+
Due process requires minimum contacts with the forum such that maintaining the suit does not offend traditional notions of fair play and substantial justice.
Can personal jurisdiction be waived?+
Yes. Unlike subject-matter jurisdiction, it can generally be waived, and appearing without objecting is treated as waiver.
How does a defendant challenge personal jurisdiction in federal court?+
By motion under Rule 12(b)(2), made before pleading if a responsive pleading is allowed.
What older bases of jurisdiction survive International Shoe?+
Personal service in the forum, domicile, consent or voluntary appearance, and attachment of property, which Pennoyer recognized and International Shoe did not overrule.