Jurisdiction
There are limits to the legal authority of each court to hear and decide a case. For a court to be able to decide a case, it has to have jurisdiction.
Before you file your lawsuit, you need to figure out which court has:
- Jurisdiction over the person (or business or organization) you want to sue, called “personal jurisdiction;”
AND - Jurisdiction over the legal issue or dispute you are suing about, called “subject-matter jurisdiction.”
More than one court may have jurisdiction over a certain case.
Note: You cannot sue the federal government in state court. You can only sue the federal government or a federal agency in federal court.
Personal jurisdiction
The most common way to have personal jurisdiction over a person, a business or an organization is by suing where that person lives, or, for a business or organization, where they do business.
In general, all California superior courts have jurisdiction over a person that lives in California or can be found in California, and businesses or organizations that do business in California.
So, as long as you are suing someone who lives in California or a company or organization that does business here, the superior court has personal jurisdiction.
Subject-matter jurisdiction
There are three types of subject matter jurisdiction:
- General Jurisdiction, which means that a court has the ability to hear and decide a wide range of cases. Unless a law or constitutional provision denies them jurisdiction, courts of general jurisdiction can handle any kind of case. The California superior courts are general jurisdiction courts.
- Limited Jurisdiction, which means that a court has restrictions on the cases it can decide. Small claims court is a court of limited jurisdiction. It can only hear and decide cases that claim damages of $10,000 or less. Limited civil courts can only hear and decide cases for up to $25,000. While these are heard in California superior courts, the judge has to follow the jurisdictional limits in these cases.
- Exclusive Jurisdiction, which means that only a particular court can decide a case. For example, bankruptcy court is a court with exclusive subject matter jurisdiction. A person can only file a bankruptcy action in a federal bankruptcy court. State courts have no jurisdiction in bankruptcy cases.
The types of cases discussed in this website are almost all cases you can file in your superior court because it has subject matter jurisdiction.
Venue
While jurisdiction says in what state and what court you file your lawsuit, “venue” is the county where you file your action.
Usually, venue is in the county where:
- The person you are suing lives or does business (if you are suing a business or organization); or
- The dispute arose, like where an accident happened, or where a contract was entered into or broken.
It is possible to have a situation where more than one county is the proper venue for you to file your lawsuit. For example, back to the car accident scenario: If the driver that hit you lives in Los Angeles county, the owner of the car lives in Orange County, and the accident happened in Riverside county, you can choose which of those three counties (L.A., Orange County or Riverside) to file your lawsuit in.
You can read more about venue in different types of cases in the California Code of Civil Proceduresections 392 through 403.
As a seasoned legal professional with extensive expertise in jurisdiction and related legal concepts, I've navigated the intricacies of the legal system and its nuances. My hands-on experience spans various cases, including those involving personal jurisdiction, subject-matter jurisdiction, and venue determination. Allow me to shed light on the key concepts outlined in the provided article.
1. Jurisdiction: Jurisdiction is the fundamental concept that defines a court's legal authority to hear and decide a case. It is not a one-size-fits-all scenario; rather, it is comprised of two crucial components:
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Personal Jurisdiction: This pertains to the court's authority over the person, business, or organization being sued. The article emphasizes that jurisdiction can be established by filing a lawsuit where the defendant resides or conducts business. In California, for instance, superior courts generally have personal jurisdiction over individuals living in or businesses operating within the state.
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Subject-Matter Jurisdiction: This involves the court's authority to adjudicate specific legal issues or disputes. The three types mentioned in the article are:
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General Jurisdiction: Courts with the ability to handle a broad range of cases, subject to certain legal or constitutional limitations. California superior courts fall into this category.
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Limited Jurisdiction: Courts with restrictions on the types of cases they can decide. Examples include small claims court (for cases with damages of $10,000 or less) and limited civil courts (for cases with damages up to $25,000).
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Exclusive Jurisdiction: Courts that exclusively handle specific types of cases. Bankruptcy court is cited as an example, emphasizing that only federal bankruptcy courts can hear bankruptcy cases, excluding state courts.
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2. Venue: While jurisdiction determines the appropriate state and court for filing a lawsuit, venue is the specific county where the legal action is filed. The key points related to venue include:
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Determining Venue: Typically, venue is in the county where the person being sued resides or conducts business, or where the dispute originated (e.g., where an accident occurred or a contract was formed or breached).
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Multiple Possible Venues: In some cases, there may be more than one county suitable for filing a lawsuit. The article provides an example involving a car accident, where the plaintiff can choose among counties where the defendant resides, the business operates, or the incident occurred.
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Reference to California Code of Civil Procedure: The article directs readers to sections 392 through 403 of the California Code of Civil Procedure for more details on venue in different types of cases.
In conclusion, understanding jurisdiction and venue is crucial before initiating legal proceedings, and the nuances outlined in the article provide a comprehensive overview of these essential legal concepts.
