What is jurisdiction?
Jurisdiction refers to the court’s official power to hear cases and pass legal judgments. However, the court must have the two following jurisdictions in order to make a legally valid decision:
- Subject Matter Jurisdiction: The state legislature and Congress grant the court the power to hear or rule over the specific kind of case. Subject matter jurisdiction refers primarily to the court’s power to make decisions in particular issues, such as contracts or torts.
- Personal Jurisdiction: The parties involved grant the court the power to make a decision. The parties must live within the district and be present for the trial. If the parties have significant ties to the district, then residency may not be a requirement. “Significant ties” can include local property, business ties, or even the use of the local roads.
When do I file in federal court?
When involved in a lawsuit, the case will generally be held in state court. However, federal courts have jurisdiction in two kinds of cases:
- The case involves a federal law
- The case involves a citizen from a different state or a foreign national (called the diversity of citizenship) and involves over $75,000 in monetary damages
What is “concurrent jurisdiction”?
Concurrent jurisdiction occurs when two or more courts have jurisdiction to hear the case. This often leads to a practice known as a “forum shopping”: plaintiffs will deliberately choose a court that will be most favorable and strategic for the case.
Recommended Resources
Online:
- California Judicial Branch Self-Help: Jurisdiction and Venue
- Nolo Dictionary: "Jurisdiction"
- Cornell Law School Legal Information Institute Encyclopedia: Forum Shopping
Books:
(All titles are available electronically from any RCLL location unless otherwise noted. Ask staff about remote availability.)
Represent Yourself in Court (Nolo/EBSCO)
Available in print: Riverside, Palm Springs
Call Number: KF 8841.B47 2022 REF
California Pretrial Civil Procedure Practice Guide: The Wagstaffe Group (Lexis)
Available in print: Riverside, Palm Springs
Call Number: KFC1020 .W34
California Pretrial Practice & Forms (James Publishing)
Available at: Lexis Digital Library (eBook only)
Call Number: N/A
Matthew Bender Practice Guide: Federal Pretrial Civil Procedure in California (Lexis)
Available at: Lexis Digital Library (eBook only)
Call Number: N/A
Federal Jurisdiction in a Nutshell (Westlaw)
Available in print: Riverside, (Not available digitally)
Call Number: KF 8858.Z9 C87 1999
California Civil Procedure before Trial (CEB)
Available in print: Riverside, Palm Springs
Call Number: KFC 1020.A75 C344 CEB
Pertinent Codes:
U.S. Code Title 28 (Judiciary and Judicial Procedure), Part IV (Jurisdiction and Venue)
Please Note: The information presented in this research guide is intended to provide a foundation for legal research. For information pertaining to your case please consult with an attorney, court facilitator, or specialist.
Revised 10/29/25
