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 Massachusetts, personal jurisdiction refers to the power of a Massachusetts court to issue a binding decision over a person or entity. The Commonwealth's courts can establish personal jurisdiction over a defendant if the defendant is a resident of Massachusetts or if the nonresident defendant has established 'minimum contacts' with the state. These contacts must be such that the defendant could reasonably anticipate being haled into court there. This could include conducting business, owning property, or committing a tortious act within the state. Additionally, personal jurisdiction can be consented to if a person or entity agrees to the jurisdiction of Massachusetts courts, which can occur through contractual agreements or by accepting the terms of service on a website that stipulates Massachusetts law will govern disputes. The Massachusetts long-arm statute, M.G.L. c. 223A, Section 3, also outlines specific circumstances under which the state's courts may exercise personal jurisdiction over nonresidents. The statute is interpreted in light of the due process clause of the U.S. Constitution, which requires that exercising jurisdiction must not violate traditional notions of fair play and substantial justice.