Personal Jurisdiction

Personal jurisdiction refers to a court's jurisdiction over the parties to a law suit, as opposed to subject-matter jurisdiction (jurisdiction over the determinations of law and fact to be made in the case or controversy). If a court does not have personal jurisdiction over a party, its rulings or decrees cannot be enforced as to that person, otherwise than by comity, that is to the extent the sovereign that does have jurisdiction upon the person allows the court to. Personal jurisdiction means the power of the court to decide a dispute, as against a particular person. The concept of personal jurisdiction finds its origin in the idea that the power of the King vests in his Sceptre. The King could not possibly exercise power over persons or property situated outside of his kingdom. Slowly this was adopted in law. Soon after, there were problems because of persons who owned land or property and were not 'present' at the time they were sued, or had died, or had left the kingdom. The courts then culled out another means to get jurisdiction, called quasi in rem, that is, over the land in and of itself, even if the person who owned the land was not there. However this was limited to the discharge of debts owed by the owner of the land. In the United States, the exercise of personal jurisdiction by a court must both comport with Constitutional limitations, and be authorized by a State statute. In the United Kingdom, the exercise of personal jurisdiction does not need a statutory basis, since the United Kingdom does not have a written constitution.