the person seeking relief consents to be bound by the judgment of the court. The doctrine of consent is also extended to defendants who attend and litigate actions without challenging the court's personal jurisdiction. Consent may also derive from a pre-litigation agreement by the parties, such as a forum selection clause in a contract (not to be confused with a choice of law clause). Doctrines such as claim preclusion prevent re-litigation of failed complaints in alternative forums. Claim preclusion does not, however, prevent the refiling of a claim that was filed in a court that did not have personal jurisdiction over the defendant. Power In cases where a defendant challenges personal jurisdiction, a court may still exercise personal jurisdiction if it has independent power to do so. This power is founded in the inherent nature of the State: sovereignty over secular affairs within its territory. Notice The Fifth and Fourteenth Amendment to the United States Constitution preserve the right of the individual to due process. Due process requires that notice be given in a manner "reasonably calculated" to inform a party of the action affecting him. Originally, "Notice" (and the power of the State) was often exercised more forcefully, the defendant in a civil case sometimes being seized and brought before the court under a writ of capias ad respondendum. Notice in such a case is inferred from consent of the defendant to go with the officer. Nowadays, when exercising power over an individual without consent, notice is usually given by formal delivery of suitable papers to the defendant (service of process). Historical background: territorial jurisdiction Originally, jurisdiction over parties in the United States was determined by strict interpretation of the geographic boundaries of each state's sovereign power. In Pennoyer v. Neff, the Supreme Court discussed that though each state ceded certain powers (e.g. foreign relations) to the Federal Government or to no entity at all (e.g. the powers that are eliminated by the protections of the bill of rights), the states retained all the other powers of sovereignty, including the exclusive power to regulate the affairs of individuals and property within its territory. Necessarily following from this, one state's exercise of power could not infringe upon the sovereignty of another state. Thus, Constitutional limitations applied to the validity of state court judgments. Three types of jurisdiction developed, collectively termed territorial jurisdiction because of their reliance upon territorial control: in