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Jurisdiction and Venue Basics

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Diversity Jurisdiction

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The jurisdiction of federal courts to hear lawsuits where the parties are from different states or countries, and the amount in controversy exceeds a set threshold, currently exceeding 75,000.75,000.

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Exclusive Jurisdiction

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When only one court has the power to hear a certain type of case. For example, patent cases are exclusively heard by federal courts.

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Federal Question Jurisdiction

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The jurisdiction of federal courts to hear cases involving the interpretation and application of the U.S. Constitution, federal laws, or treaties. For example, cases involving the First Amendment.

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Personal Jurisdiction

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The authority of a court to make decisions regarding the legal obligations of individuals or corporations within its reach. Examples include residents of a state or businesses that operate within the state.

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Quasi in Rem Jurisdiction

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A legal action based on the property rights of a person, where the property itself is the basis for the court’s jurisdiction. This can arise in cases where a debt is secured by property in the jurisdiction, but the debtor is not.

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Concurrent Jurisdiction

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Occurs when more than one court has the authority to hear the same case; for instance, some cases can be heard in either state or federal courts.

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Subject-Matter Jurisdiction

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The authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For example, bankruptcy court has the jurisdiction to hear bankruptcy cases.

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Territorial Jurisdiction

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The area within which a court or government entity can exercise its power. For example, the territorial jurisdiction of a state court is typically limited to the state's borders.

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In Rem Jurisdiction

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A court's power to adjudicate the rights to a piece of property, typically real estate, within its territorial boundaries. An example is a dispute over the ownership of a local real estate.

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Ancillary Jurisdiction

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Allows a federal court to hear additional claims substantially related to the original claim even though the court would not have an independent basis for jurisdiction over them. For instance, state law claims closely related to original federal law claims.

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Limited Jurisdiction

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Courts that can only hear specific types of cases, often governed by statutes. Examples include probate courts and bankruptcy courts.

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Appellate Jurisdiction

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The power of a higher court to review and revise a lower court's decision. Examples include the U.S. Courts of Appeal reviewing lower federal court decisions.

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Pendent Jurisdiction

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The authority for a federal court to hear and decide on a state law claim, provided that the state claim derives from the same set of facts as the federal claim already before the court.

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General Jurisdiction

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Refers to courts that can hear a wide variety of cases that are not specialized. Most state trial courts, like those that hear both criminal and civil cases, are considered courts of general jurisdiction.

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Forum Non Conveniens

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The principle that allows a court with jurisdiction to dismiss a case because another forum is substantially more convenient for the parties or the witnesses and better serves the ends of justice.

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Venue

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The geographic location where a case is tried. Venue is proper in the judicial district where any defendant resides if all defendants reside in the same state in which the district is located, or where a substantial part of the events occurred.

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Original Jurisdiction

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The power of a court to hear a case first, take evidence, and render a decision. For example, the U.S. Supreme Court has original jurisdiction in cases where states are parties.

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Removal Jurisdiction

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The legal right of a defendant to move a lawsuit from state court to federal court. This is often seen in cases where the defendant believes the federal court will be more favorable or where federal law is implicated.

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Minimum Contacts

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A legal standard that determines when it is appropriate for a court to exercise personal jurisdiction over an out-of-state defendant. The defendant must have at least 'minimum contacts' with the jurisdiction where the court sits.

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Parens Patriae Jurisdiction

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A doctrine that grants a court the authority to protect those who cannot care for themselves, such as minors or the mentally ill, often invoked in guardianship or conservatorship cases.

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Long-Arm Statute

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A state law that permits a state's courts to reach beyond the state's borders for jurisdiction over non-resident defendants, based on certain acts or contacts with the state.

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Judicial Discretion

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The flexible deciding room that a judge can use to determine issues on a case-by-case basis, such as the appropriateness of jurisdiction or a change of venue.

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Choice of Law

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The set of principles used to select which jurisdiction's laws to apply in a lawsuit, particularly in cases where the parties are from different states or countries.

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Jurisdiction over the Parties

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The authority of a court to decide matters involving specific individuals or entities, which is gained by summons or a voluntary appearance in court.

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Subject Matter Competency

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The requirement that a court have jurisdiction over the type of claim presented to it; similar to subject-matter jurisdiction but emphasizes a court's legal power to interpret a specific area of law.

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