Personal Jurisdiction

Personal jurisdiction refers to a court's jurisdiction over the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law and facts involved in the suit. If a court does not have personal jurisdiction over a party, its rulings or decrees cannot be enforced upon that party, except by comity, that is, to the extent the sovereign that does have jurisdiction over the party allows the court to enforce them upon that party. A court that has personal jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit.
Posts about Personal Jurisdiction
    • Order to Show Cause to Stay Foreclosure Sale in New York

      Upon entry of Judgment of Foreclosure and Sale1 in New York Supreme Court, the judgment will generally direct that the mortgaged premises be sold at public auction at a particular date and time, typically four months after entry of the foreclosure judgment. At common law, however, a borrower’s right to redeem the home lasted until the home was officially sold at public auctio ...

      Ronald D. Weiss, PC- 16 readers -
  • Supreme Court May Take Its Chance To End Forum Shopping

    … Heartland case, which we urged it to do in an amicus brief we filed on behalf of 32 Internet companies, retailers, and industry associations. A holding that the venue statute says what it means—that patent cases can be brought only in jurisdictions in which the accused infringer resides or has committed acts of infringement and has a regular…

    David Swetnam Burland/ Brann & Isaacson- 14 readers -
  • Pleading Florida’s Long-Arm Statute in Federal Trust Dispute

    … that exercise of jurisdiction would violate the Fourteenth Amendment of the U.S. Constitution. The United States District Court for the Southern District of Florida recently engaged in this analysis in Abromats v. Abromats, Case No. 16-CV-60653 (S.D. Fla. Aug. 15, 2016) (Bloom, J.). In Abromats, the plaintiff alleged that the Court had diversity jurisdiction…

    Florida Probate, Trust and Estate Blog- 6 readers -
  • Zippo-Dee-Do-Dah

    …,” the test places any online presence in danger of jurisdiction everywhere the Internet is accessible (so, everywhere). For this reason, retailers find themselves sued in the distant corners of Texas. It seems like at least one district judge agrees. In Larada Sciences, Inc. v. Pam Skinner d/b/a Professional Lice Solutions et al., the District…

    Stacy Stitham/ Brann & Isaacson- 9 readers -
  • Child Custody and Jurisdiction

    … = No Power of Judgment. See e.g. International Shoe Co. v. Washington, 326 U.S. 310 (1945)(personal jurisdiction requires, at least, minimal contacts, with forum state). In the context of Child Custody disputes, traditional rules of Jurisdiction have been enhanced and universally codified by the Uniform Child Custody Jurisdiction and Enforcement Act…

    Prince Law Offices, P.C.- 14 readers -
  • What is the Difference Between a Summons and a Complaint?

    … is document which advises you that you have been sued, in what court you were sued, how much time you have to answer the lawsuit and warns that if you don’t answer; a default judgment will be entered against you. In order for the court to obtain personal jurisdiction over you, the summons must be served on you or another adult in your home personally…

    The Law Offices of Robert J Nahoum- 26 readers -
  • What is a Traverse Hearing in a Debt Collection Case?

    … hearing” in order to decide whether your motion to vacate the default judgment should be granted. What is a traverse hearing and what should you do to prepare for it? THE RULE: According to New York State law, before a court can render a judgment against you, it must first acquire PERSONAL JURISDICTION over you. Personal jurisdiction is obtained…

    The Law Offices of Robert J Nahoum- 28 readers -
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