Civil Procedure

What Is Jurisdiction?

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A court's power to hear a particular case. There are two types: subject matter jurisdiction (what kinds of cases the court can hear) and personal jurisdiction (power over the parties). A court without jurisdiction cannot validly decide a case.

Quick Answer

A court's power to hear a particular case. There are two types: subject matter jurisdiction (what kinds of cases the court can hear) and personal jurisdiction (power over the parties). A court without jurisdiction cannot validly decide a case.

Full Explanation

Jurisdiction is the legal authority of a court to hear and decide a particular case. Without jurisdiction, any judgment the court enters is void and unenforceable. There are two distinct types.

Subject matter jurisdiction is power over the type of dispute. Federal courts are courts of limited subject matter jurisdiction — they can only hear cases involving federal law (federal question jurisdiction) or cases between citizens of different states involving more than $75,000 (diversity jurisdiction). State courts have general subject matter jurisdiction — they can hear almost any type of case. Family courts, probate courts, and small claims courts are specialized courts with limited subject matter jurisdiction.

Personal jurisdiction is power over the parties. A court must have some legal connection to a defendant to compel them to litigate there. Personal jurisdiction can be established through: physical presence in the state when served, domicile in the state, consent to jurisdiction, or minimum contacts with the state sufficient to make jurisdiction reasonable (the test from International Shoe Co. v. Washington, 1945). A company that sells products nationwide, for example, likely has minimum contacts with every state where it does business.

Jurisdiction must exist for every case in every court. If subject matter jurisdiction is lacking, the case must be dismissed. If personal jurisdiction is lacking, the defendant can challenge it (but must do so early or waive the objection). Unlike personal jurisdiction, subject matter jurisdiction can never be waived and can be raised at any time, even on appeal.

Real-World Example

A California resident sues a Florida company for $100,000 in damages for breach of contract. She can sue in federal court based on diversity jurisdiction (citizens of different states, amount exceeds $75,000). She can also potentially sue in state court. The Florida company may argue a California court lacks personal jurisdiction over it unless the company had business contacts in California.

In the McDonald's case, the plaintiffs needed to establish that a New Mexico court had jurisdiction over McDonald's — a national corporation headquartered elsewhere. McDonald's presence in New Mexico through restaurants gave the state court personal jurisdiction.

Why It Matters for Law Students

Jurisdiction is one of the most important concepts in civil procedure and is heavily tested on the bar exam. Getting jurisdiction wrong can result in a case being dismissed after years of litigation. Understanding the difference between subject matter and personal jurisdiction, and how each is established, is foundational to civil practice.