Specific jurisdiction allows a court to hear a case if the defendant has had minimal contacts in the area, even if they don’t reside there. This can apply to businesses, individuals, and property owners, but only if the case relates to the minimal contacts.
Specific jurisdiction refers to the power a particular court may have to hear a case. A court typically has specific jurisdiction when the defendant in a lawsuit has had certain “minimal contacts” within the specific area, even if he resides or does all of his business there. The defendant in the case could be an individual or a business. Specific jurisdiction may also apply when the issues of the case have arisen from the defendant’s minimal contacts.
The minimum contact rule generally applies when the defendant has sufficient contact with the area in which the lawsuit is being filed for the judge to decide that it is okay for the court to exercise power over him. This may apply in cases where the defendant has had a small, but significant, business in the area in which the suit is being filed and the case involves a dispute relating to that business. A court may have specific jurisdiction through the minimum contact rule in a variety of circumstances.
An example might include when a business has its headquarters in one area and a branch or store in the area where the lawsuit is being filed. When an area-based business sends catalogs or brochures to the state where the action is filed, that may constitute a minimum number of leads, provided the court action involves leads. When an individual citizen of a separate region solicits business by making phone calls to customers or placing advertisements in the area where the lawsuit is being filed, the minimum contact rule may apply. Internet service providers who do business with paid subscribers or take orders from customers who live in the area where the case is pending may also be subject to a specific jurisdiction.
A minimal contact request is strongest when it relates directly to the purpose of the contacts, such as a dispute over an item purchased from a local store whose parent company is in another area. If the claim against the defendant arises from a separate issue that has nothing to do with the subject matter of the dispute, the specific jurisdiction may not apply. The lawsuit can be dismissed at the request of the defendant.
Specific jurisdiction may also apply if a defendant owns property in the area where the case is filed, even if he does not reside there. This jurisdiction is usually limited based on the fair market value of the property owned by the defendant and whether or not the claim relates to the property. Otherwise, the local court probably won’t have jurisdiction to hear the dispute.
Protect your devices with Threat Protection by NordVPN
