Personal Jurisdiction
Civil Procedure · Lesson 02
Personal Jurisdiction
這一課問的是：法院對 D 是否有對人管轄 — 傳統依據 或 最小接觸？
ActorActObjectStandardConsequence
Visual Scene · the picture in your head
Issue. Does the court have personal jurisdiction over D — under traditional bases or minimum contacts?
這一課問的是：法院對 D 是否有對人管轄 — 傳統依據 或 最小接觸？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
personal jurisdiction
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Court's power over a defendant.
對人管轄。
traditional bases
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Presence, domicile, consent, waiver.
傳統依據。
minimum contacts
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Defendant must have minimum contacts such that suit does not offend fair play.
最小接觸。
specific jurisdiction
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Suit arises out of or relates to defendant's contacts.
特定管轄。
general jurisdiction
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Continuous and systematic contacts (essentially at home).
一般管轄。
purposeful availment
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Defendant deliberately availed itself of forum's benefits.
刻意利用。
stream of commerce
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Placing product in stream + targeting forum may suffice.
商業流。
Issue · what this lesson is really about
Does the court have personal jurisdiction over D — under traditional bases or minimum contacts?
這一課問的是：法院對 D 是否有對人管轄 — 傳統依據 或 最小接觸？
Trigger words & phrases that should flag this issue:
servedminimum contactspurposeful availmentspecificgeneralstream of commerce
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Apply minimum contacts | Specific jurisdiction requires purposeful availment and relatedness. | 特定管轄須刻意利用 + 關聯性。 |
| Apply general jurisdiction | General jurisdiction lies where defendant is essentially at home. | 一般管轄於 D 「等於在家」之地。 |
| Apply reasonableness | Even with minimum contacts, exercise must comport with fair play and substantial justice. | 即便有最小接觸，仍須符合公平。 |
Rule Sentence · the workhorse
Personal jurisdiction over a nonresident defendant requires either a traditional basis (presence, domicile, consent) or minimum contacts with the forum such that exercise of jurisdiction does not offend traditional notions of fair play and substantial justice.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人plaintiff原告
Act 行為invoking the forum's authority援用該法院之權威
Object 對象nonresident defendant非居所被告
Standard 法律標準minimum contacts + fair play最小接觸 + 公平
Consequence 後果PJ exists or dismissed管轄或駁回
Casebook Snapshot · a real American case
International Shoe Co. v. Washington
Holding. To exercise personal jurisdiction over a nonresident defendant consistent with due process, the defendant must have certain minimum contacts with the forum state such that maintenance of suit does not offend traditional notions of fair play and substantial justice. The nature and quality of contacts — not formal presence — controls.
Why it matters. International Shoe replaced the rigid Pennoyer territorial rule with the modern minimum-contacts framework.
International Shoe：最小接觸 + 公平正義之框架。
Common Mistakes · what trips students
✗ websites accessible 即構成 minimum contacts。
✓ Mere accessibility insufficient; targeting required.
可達不足；須針對。
✗ stream of commerce 自動成立特定管轄。
✓ Court split: pure SOC v. SOC+ (targeting).
法院分歧：純 SOC vs SOC+ 針對。
Mini IRAC · build the Application
Issue. Does a Texas federal court have specific personal jurisdiction over a New York manufacturer that sold defective tires to Texas customers through an online retailer it actively targeted at Texas?
Rule. Specific personal jurisdiction requires the defendant to have purposefully availed itself of the forum and the claim to arise out of or relate to those contacts, consistent with fair play.
Application (model). The NY manufacturer actively targeted Texas customers and sold defective tires there. Because specific jurisdiction requires purposeful availment of the forum's benefits plus a claim arising out of those contacts, the fact that the manufacturer deliberately marketed and sold to Texas customers and the tire-defect claim arises directly from those sales means both elements are satisfied.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, the Texas federal court may exercise specific personal jurisdiction over the manufacturer.
MBE Check · multiple choice
P, injured in TX, sues D (a global corporation incorporated in DE with PPB in NY) in TX federal court for events occurring in CA, on a claim unrelated to D's TX contacts. D has some TX business activity. Personal jurisdiction?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: