Also known as:general jurisdictions · general subject-matter jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A court's authority to adjudicate any claim against a defendant regardless of whether the claim arises from the defendant's contacts with the forum. For a corporation the authority exists only where the corporation is at home, meaning its place of incorporation or principal place of business, absent exceptional circumstances that render the corporation essentially at home elsewhere.
Sources & Authorities
How it applies
Common Examples
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Corporate Sales Insufficient
Grove Manufacturing maintains its incorporation and headquarters in Delaware but sells products nationwide including substantial volume in California. Gabriella Gomez, a California resident, sues Grove in California state court for an unrelated injury occurring in Nevada. The court lacks general jurisdiction because Grove is not at home in California.
Extensive Operations Fail Test
Glacier Energy is incorporated in Texas with its principal place of business there. It maintains large facilities and employs hundreds in Alaska. Gavin Grant files an Alaska suit against Glacier for a claim arising in Montana. General jurisdiction does not exist in Alaska because the operations do not make Glacier at home there.
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Continuous Sales Rejected
Gateway Bank is incorporated in New York and maintains its principal place of business there. It conducts ongoing sales and maintains branches in Florida. Glenn Gross sues the bank in Florida on a claim unrelated to any Florida transaction. The Florida court cannot exercise general jurisdiction over the bank.
Transient Presence Supports Jurisdiction
Gregory Gates, domiciled in New Jersey, visits California for three days on personal business. While there he is served with process in a suit brought by Gina Griffin on a claim having no connection to California. The California court may exercise general jurisdiction over Gates based on his presence when served.
Burnham v. Superior Court of Cal., County of Marin495 U.S. 604, 618, 110 S.Ct. 2105, 109 L.Ed.2d 631 (1990)
Admiralty Claim Against Foreign Entity
Global Dynamics, a foreign shipping company, maintains its principal place of business abroad. Gareth Glover, injured aboard one of its vessels, sues in a United States district court. The court may exercise general jurisdiction only if the company is at home in the United States under the applicable constitutional standard.
Romero v. International Terminal Operating Co.358 U.S. 354, 382-383, 79 S.Ct. 468, 3 L.Ed.2d 368 (1959)
State Court Authority Over Local Defendant
A state trial court of general jurisdiction hears a contract dispute between two residents of the state. The court possesses authority to adjudicate the claim because the defendant is domiciled in the forum and the claim may be brought there without regard to its connection to any particular contacts.
Byrd v. Blue Ridge Rural Electrical Cooperative, Inc.356 U.S. 525, 537–38 (1958)
Common questions
Frequently Asked
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How does general jurisdiction differ from specific jurisdiction?+
General jurisdiction permits a court to hear any claim against the defendant. Specific jurisdiction is limited to claims that arise out of or relate to the defendant's contacts with the forum.
Supporting sources
Where is a corporation subject to general jurisdiction?+
A corporation is subject to general jurisdiction in its state of incorporation and its principal place of business. Other substantial business activity does not suffice absent exceptional circumstances making the corporation at home in the forum.
Supporting sources
Does registration to do business create general jurisdiction?+
Registration to do business alone does not create general jurisdiction over a corporation. The contacts must still satisfy the at-home standard of incorporation or principal place of business.
Supporting sources
Can an individual be subject to general jurisdiction based on temporary presence?+
An individual may be subject to general jurisdiction when served with process while physically present in the forum state. This basis remains available even for brief visits unrelated to the claim.
Supporting sources
95 U.S. 714 (1878)Conflict of Laws
…under the attachment laws of Ohio, and laid down the principle of assuming that all had been rightly done by a court having general jurisdiction of the subject-matter. In Cooper v. Smith , 25 Iowa, 269, it is said, that where no process is served on the defendant, nor property attached, nor garnishee charged, nor appearance…