Personal jurisdiction is the authority a court has to make legally enforceable orders related to a person or entity and the property of the person or entity, and usually arises when a person has been sued in a lawsuit. For a court to have personal jurisdiction, the person or entity generally (1) must be a resident of the state in which the court is located; (2) as a nonresident, must have initiated sufficient minimum contacts with the state in which the lawsuit is filed; or (3) must have agreed to be governed by the laws of the state (in a contract or website terms) in which the lawsuit is filed.
In Texas, personal jurisdiction refers to the power of a Texas court to bring a person or entity into its legal process and to make decisions that are binding upon them. For a Texas court to have personal jurisdiction over a person or entity, one of the following conditions typically must be met: (1) the person or entity must be a resident of Texas; (2) the nonresident person or entity must have established sufficient minimum contacts with Texas, such as conducting business or committing a tort within the state; or (3) the person or entity must have consented to the jurisdiction of Texas courts, which can occur through a contractual agreement or by accepting the terms of service on a website that stipulates Texas law will govern disputes. These principles are consistent with the due process requirements of the U.S. Constitution, which mandate that exercising jurisdiction must not violate traditional notions of fair play and substantial justice.
