Also known as: wants of jurisdiction · lack of jurisdiction · no jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A court's lack of authority to adjudicate a dispute or grant particular relief. The defect may arise from absence of power over the parties, the subject matter, or because prerequisites for exercising jurisdiction remain unsatisfied.
Wayne Walker files a federal complaint but repeatedly ignores court orders to serve the defendant. The defendant moves under Rule 41(b) for dismissal. The court dismisses the action expressly for want of jurisdiction. The order states that the dismissal does not operate as an adjudication on the merits.
Wallace Webb, a resident of State A, sues Wyatt Wilson, a resident of State B, in State A court over a contract formed entirely in State B. Wilson never enters State A and has no contacts there. The court dismisses for want of jurisdiction over Wilson. The judgment has no preclusive effect on a later action in State B.
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Wilma Wright purchases coastal lots intending to build homes. A new state statute bars all construction. Wright sues in state court claiming a taking. The court dismisses the action for want of jurisdiction because the claim is not ripe. Wright may refile once the claim becomes ripe.
Walker Valley Produce, a citizen of State A, sues Wolverine Steel, a citizen of State B, in federal court on a federal claim. After the federal claim is dismissed, only state-law claims among non-diverse parties remain. The court dismisses those claims for want of jurisdiction. The dismissal does not bar refiling in state court.
Whitney White owns land taken by the City of Chicago for a street. She sues in federal court claiming inadequate compensation. The court dismisses for want of jurisdiction because the claim belongs in state court. White may pursue the claim in the proper forum.
Willow Walker, a Florida resident, is sued in Delaware over a trust administered in Florida. She appears solely to contest jurisdiction. The court dismisses for want of jurisdiction. The Delaware judgment cannot bind Walker in any later proceeding.
No. Under Rule 41(b) a dismissal for lack of jurisdiction does not operate as an adjudication on the merits unless the order states otherwise. The plaintiff may therefore refile the action in a court that possesses jurisdiction.
Under 28 U.S.C. § 1631 a court that finds a want of jurisdiction shall transfer the action to another court where it could have been brought if transfer serves the interest of justice. The transferred action proceeds as if filed in the receiving court on the original filing date.
No. Under the Uniform Parentage Act lack of jurisdiction over one individual does not preclude the court from making an adjudication of parentage binding on another individual who is subject to the court's jurisdiction.
A general appearance subjects the defendant to the court's jurisdiction even if the defendant protests lack of jurisdiction at the same time. A motion that raises questions going to the merits constitutes a general appearance and waives the jurisdictional objection.
…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.…