Also known as: lacking jurisdiction · lacks jurisdiction · lack jurisdiction · no jurisdiction · without jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A court's lack of authority to hear and decide a case or to grant particular relief. The defect arises when the court has no power over the subject matter or the parties.
Lillian Locke files a federal complaint against Legacy Motors for breach of contract. The court finds it lacks subject-matter jurisdiction and grants the defendant's motion to dismiss under Rule 41(b). Because the dismissal rests on lack of jurisdiction, it does not operate as an adjudication on the merits and Locke may refile in a proper forum.
Leah Lamb, a resident of State A, sues Leo Lynch, a resident of State B, in State A court for an accident that occurred in State B. Lynch has no contacts with State A and was served only by publication. The court lacks personal jurisdiction over Lynch and must dismiss the action.
Select any source to read its text and confirm it supports the definition.
Lucas Lee challenges a federal agency's deportation order after Congress uses a legislative veto to override an executive suspension. The reviewing court holds that the legislative veto provision is invalid, so the agency order was entered without proper jurisdiction and must be set aside.
Latoya Lane is served with process while briefly visiting State C on business. She objects that the court lacks jurisdiction over her because she is domiciled elsewhere. The court holds that her physical presence at the time of service confers personal jurisdiction, so the action may proceed.
Linden Logistics, incorporated and operating solely in State D, is sued in State E for an alleged contract breach. The company has no offices, agents, or sales in State E. The court concludes it lacks personal jurisdiction because the defendant has insufficient minimum contacts with the forum.
Lucia Lopez, a beneficiary, sues a trust in State F to set aside a distribution. The trustee resides in State G and has never appeared in State F. The court holds that it lacks personal jurisdiction over the trustee and cannot adjudicate the claim.
A motion asserting lack of jurisdiction may be made at any time while the case is pending. The objection is never waived and can be raised even after judgment.
No. A dismissal for lack of jurisdiction does not operate as an adjudication on the merits. The plaintiff may refile in a court that has jurisdiction.
No. Lack of jurisdiction over one individual does not preclude the court from making an adjudication binding on another individual who is properly before the court.
Irregularity or lack of jurisdiction is generally not a defense to prosecution for escape from a prison or custodial facility. The defense is available only in limited circumstances involving non-prison detentions.
…And the reason assigned for this conclusion has been that which we have already stated, that the tribunals of one State have no jurisdiction over persons beyond its limits, and can inquire only into their obligations to its citizens when exercising its conceded jurisdiction over their property within its limits. In Bissell v.…