Territorial Jurisdiction

The power of a court to hear a case. Courts generally only have territorial jurisdiction over matters that arise within their geographic boundaries or involve parties residing there.
The question of whether the court has territorial jurisdiction over the lawsuit is likely to be raised in the pre-trial phase.
International Shoe Co. v. Washington (1945) established the minimum contacts test for determining a court's personal jurisdiction over out-of-state defendants. While territorial jurisdiction and personal jurisdiction are related, they are distinct concepts.
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Frequently Asked Questions

What are the different types of territorial jurisdiction?

In personam jurisdiction (over individuals), in rem jurisdiction (over property), and subject matter jurisdiction (over the nature of the case).

How can territorial jurisdiction be challenged?

A party may file a motion to dismiss arguing that the court lacks territorial jurisdiction.

What happens if a court lacks territorial jurisdiction?

The court will likely dismiss the case without prejudice, allowing the plaintiff to refile in a court with proper jurisdiction.

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