Jurisdiction and Venue

What is jurisdiction?

The authority of a court to hear and decide a specific action.

What is personal jurisdiction?

The authority of a court to hear and decide a dispute involving the particular parties before it.

What generally must exist for a court to exercise personal jurisdiction over a nonresident defendant?

Minimum contacts between the defendant and the forum state.

What is long-arm jurisdiction?

A court's exercise of personal jurisdiction over a nonresident defendant.

What is subject matter jurisdiction?

The authority of a court to hear and decide a particular type of dispute.

What is original jurisdiction?

The authority of a court to hear and decide a case in the first instance.

What is appellate jurisdiction?

The authority of a court to review a prior decision made by a lower court or tribunal.

What is an in rem action?

A legal action directed toward property rather than a particular person.

How is jurisdiction determined in an in rem action?

By the location of the property.

What is a quasi in rem action?

A legal action based on the property of a person absent from the jurisdiction.

What is federal question jurisdiction?

Federal jurisdiction over cases involving violations of the U.S. Constitution or federal laws.

What is diversity jurisdiction?

Federal jurisdiction over cases between citizens of different states when the amount in controversy exceeds $75,000.

What types of cases fall within federal jurisdiction?

Federal questions, cases involving the United States, diversity cases meeting the amount requirement, bankruptcy, admiralty and maritime claims, antitrust, federal crimes, patents, and copyright.

What types of matters are generally within state court jurisdiction?

State-law matters including criminal cases, family disputes, contracts, and torts.

What is concurrent jurisdiction?

Jurisdiction shared by both state and federal courts over certain matters.

What is venue?

The proper or possible location for a lawsuit to proceed.

What is the key difference between jurisdiction and venue?

Jurisdiction concerns a court's authority to hear a case; venue concerns where the case should be heard.

Where is venue generally proper in a criminal case?

The locality where the crime occurred.

What generally determines venue in a civil case?

The defendant's principal residence or place of business, where a contract was to be carried out, or where the cause of action accrued.

Can venue be changed?

Yes. Venue may be changed in the interests of justice to another court with the same jurisdiction.