The concept of personal jurisdiction has its origin in the idea that the power of the King vests in his Sceptre.[1] The King could not exercise power over persons or property located outside of his kingdom. Slowly this was incorporated into law, but problems arose in cases where property owners could not be sued because they had left the kingdom or had died and therefore were not present within the kingdom at the time they were being sued. To solve this problem, the courts created another type of jurisdiction, called quasi in rem, that is, jurisdiction over the land itself, even if the person who owned the land was not in the country. However, this jurisdiction was limited to the settlement of debts owed by the owner of the land. In the United States, the exercise of personal jurisdiction by a court must both comply 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.
Posted on: Sat, 09 Nov 2013 08:56:37 +0000
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