Free tool · Civil Procedure
Does the Court Have Personal Jurisdiction?
A court can bind a defendant only if it has personal jurisdiction over them. Jurisdiction exists if the defendant consents, is served in the state, is ‘at home’ there (general jurisdiction) or has purposeful minimum contacts with the state that the claim arises out of or relates to, and exercising jurisdiction is fair (specific jurisdiction). Merely placing a product in the stream of commerce may not be enough. Answer the questions below to see which basis applies, if any.
Tool · Personal Jurisdiction Checker
Specific jurisdiction probably exists: purposeful contacts, a related claim and fairness are all met.
General jurisdiction: The defendant is not at home in the forum, so general jurisdiction is unavailable. Check specific jurisdiction.
Purposeful availment: The defendant purposefully availed itself of the privilege of doing business in the forum (directed marketing, sales, offices, contracts or intentional conduct aimed at forum residents: Calder v Jones for intentional torts, Walden v Fiore), so it could expect to be sued there.
Claim arises out of or relates to the contacts: The claim arises out of or relates to the defendant’s forum contacts (Ford Motor Co v Montana Eighth Judicial District Court: a causal link is not always required, but there must be a strong relationship).
Fair play and substantial justice: Exercising jurisdiction is reasonable: the burden on the defendant, the forum state’s interest, the plaintiff’s interest in relief and the interstate system’s interests do not weigh against it.
- Besides the Constitution (due process), the forum’s long-arm statute and any service rules must also be satisfied. In federal court, Rule 4(k) usually borrows the state’s limits.
- A defendant who does not object in the first response (a motion or answer) waives personal jurisdiction (Rule 12(h)).
Checks whether a court can exercise power over a particular defendant: consent, being served in the forum, being ‘at home’ there (general jurisdiction), or minimum contacts with a related claim and fair play (specific jurisdiction). Simplified due-process rules: the forum’s long-arm statute and the service rules must also be met. A teaching aid, not a prediction and not legal advice. Runs in your browser; nothing is stored or sent.
How to use it
- Say whether the defendant consented or was served in the forum.
- Say whether the defendant is at home in the forum.
- Otherwise, say whether it has contacts, whether it purposefully reached out, and whether the claim relates to them.
- Say whether jurisdiction would be fair, and read the result.
Common questions
What does ‘at home’ mean?
For an individual, where they are domiciled. For a corporation, where it is incorporated and where it has its principal place of business.
What is purposeful availment?
The defendant deliberately reaches out to the forum, for example by marketing and selling there, so that it can expect to be sued there.
What happens if the defendant does not object?
A defendant who does not raise lack of personal jurisdiction in the first response waives the objection.
Learn the law behind the tool
This tool is part of our Civil Procedure course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Civil Procedure: Jurisdiction and Venue.
More free law tools
General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.