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 North Carolina, personal jurisdiction refers to the power of a state court to bring a person or entity into its court system and to make decisions that are legally binding upon them. For a North Carolina court to establish personal jurisdiction, the person or entity sued (the defendant) must have a significant connection to the state. This can be established if the defendant is a resident of North Carolina or if the nonresident defendant has sufficient minimum contacts with the state, such as conducting business or committing a tortious act within the state. Additionally, a court in North Carolina may claim personal jurisdiction over a nonresident if they have consented to it, often through a contractual agreement or by accepting the terms of service on a website that stipulates North Carolina 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.