Jurisdiction
Copyright © 2010 - Jeffrey Pittman
Jurisdiction
 Jurisdiction refers to a court’s power to
hear and decide a case – the power to
“speak” the law
 Trial courts have original jurisdiction, that
is, trial courts provide a location for
lawsuits to begin
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Trial Courts
 To begin a lawsuit, a trial court must have
subject matter jurisdiction, that is,
jurisdiction based on the nature and
subject of the lawsuit and on the amount
in dispute
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Trial Courts
 The trial court usually must also have in
personam jurisdiction—jurisdiction over
the defendant (personal jurisdiction)
 Some cases require in rem jurisdiction
over properties located within the court’s
territory, instead of in personam
jurisdiction
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Personal Jurisdiction
Under United States law, a state court acquires
personal jurisdiction over a defendant through,
among others, the following methods:
 Legal service to a defendant while the defendant
is in the forum state
 For businesses, a company is legally present in every
state where the company engages in substantial,
systematic and continuous activity in the forum state
(“general jurisdiction”)
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Personal Jurisdiction (cont.)
 Legal service to a defendant located anywhere,
where the defendant is a resident of the forum
state
 For corporations, service is allowed, at a
minimum, in the state of incorporation
 Use of the forum state “long-arm statute”
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Long-arm Statutes
 To comply with the due process clause of the
Fourteenth Amendment, long-arm statutes may
force an out-of-state defendant into a forum state
only where
 The defendant has sufficient minimum contacts with
the forum state, and
 The cause of action arises out of the contacts, and
 Jurisdiction will not offend traditional notions of fair
play and substantial justice
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Bases for Court Jurisdiction
 See Exhibit 2.5, page 56 in the textbook
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Minimum Contacts
 Specific jurisdiction – Purposeful
Availment
 Did defendant, through contacts in the forum
state, purposely avail itself of benefits from
the forum state, and
 Does the litigation arise out of these contacts
 Alternately, did the defendant purposely aim
the effects of its behavior at the forum state
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Minimum Contacts
 For purposeful availment and the Internet,
see Exhibit 2.6, page 58 in the textbook
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Subject Matter Jurisdiction
State Trial Courts
 Empowered to hear
all disputes except
exclusive federal
questions
Federal Trial Courts
(District Courts)
 Empowered to hear
only:
 Federal question
lawsuits, or
 Diversity of citizenship
lawsuits
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Federal Court System
Supreme Court
of the United States
Appeals from highest
state courts
United States
Court of Appeals
(12 regional circuits)
United States
Court of Appeals
Federal Circuit
District Courts
(96 Districts)
Bankruptcy Court
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Tax Court
The Appellate Process
 Appellate courts do not “try” cases but generally
review only law and procedure - not fact
decisions from the trial court
 The losing party at trial is guaranteed one appeal;
after the first appeal, further review is a matter of
court discretion
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