Also known as:jurisdictions · jurisdictional · juris
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
governmental authority
A government's general power to exercise authority over all persons and things within its territory. This power determines the geographic and political reach of laws and judicial decrees.
2
Sense 1
1
governmental authority
A government's general power to exercise authority over all persons and things within its territory. This power determines the geographic and political reach of laws and judicial decrees.
Examples3
Robbery Prosecuted as Felony
Jose Jimenez takes a wallet by force from Jonathan Jaffe on a city street in State A. State A charges the offense as robbery. Because robbery constitutes a felony in every jurisdiction, the State A court proceeds with the prosecution under its own criminal code.
Risk of Loss After Contract
Jackson Mutual contracts to buy land from Juarez Holdings. Before closing a fire destroys the main building. Under the doctrine of equitable conversion the risk passes to the buyer at contract formation in many jurisdictions, so Jackson Mutual remains obligated to pay the full price.
Sense 2
2
judicial power
A court's power to decide a case or issue a decree. The power includes both subject-matter authority over the type of dispute and personal authority over the parties.
Examples3
Dismissal for Lack of Jurisdiction
Jennifer Jackson files a federal complaint that fails to allege any basis for federal subject-matter jurisdiction. The court determines at the pleading stage that it lacks subject-matter jurisdiction and therefore dismisses the action.
Judicial Notice of Local Fact
Javier Jimenez offers evidence that a particular intersection lies within the trial court's territorial jurisdiction. The court takes judicial notice because the location is generally known within that jurisdiction.
A court's power to decide a case or issue a decree. The power includes both subject-matter authority over the type of dispute and personal authority over the parties.
Each sense below has its own examples, sources, and questions.
Citizenship Under Fourteenth Amendment
Jasmine Jordan is born in State B to parents who are lawful permanent residents. Because all persons born in the United States and subject to its jurisdiction are citizens, Jasmine acquires United States citizenship at birth.
Frequently Asked1
Does the Fourteenth Amendment limit state jurisdiction over persons born in the United States?+
The amendment grants citizenship to all persons born in the United States and subject to its jurisdiction. It thereby confirms that birth within the territory ordinarily brings the person within the jurisdiction of both the United States and the state of residence.
Duty to Disclose Adverse Authority
June Jiang's lawyer knows of a recent decision from the controlling jurisdiction that directly undermines her client's position. Because opposing counsel has not cited the case, the lawyer must disclose it to the tribunal.
Frequently Asked2
What is the difference between subject-matter jurisdiction and personal jurisdiction?+
Subject-matter jurisdiction concerns the court's power over the type of case. Personal jurisdiction concerns the court's power over the particular defendant. Both must exist for a court to render a valid judgment.
When must a federal court dismiss an action for lack of jurisdiction?+
A federal court must dismiss whenever it determines at any stage that subject-matter jurisdiction is absent. The obligation is continuing and is not waived by the parties' failure to raise the issue.
5 U.S. (1 Cranch) 137 (1803)Property
…United States has not power to issue a mandamus to a Secretary of State of the United States, it being an exercise of original jurisdiction not warranted by the Constitution. Congress have not power to give original jurisdiction to the Supreme Court in other cases than those described in the Constitution. An act of Congress…