Territorial jurisdiction
Encyclopedia
Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction over the events or persons within it, then the court cannot bind the defendant to an obligation or adjudicate any rights involving them. Territorial jurisdiction is to be distinguished from subject-matter jurisdiction
, which is the power of a court to render a judgment concerning a certain subject matter, or personal jurisdiction, which is the power of a court to render a judgment concerning particular persons, wherever they may be. Unlike subject-matter jurisdiction, territorial jurisdiction may be waived, even unintentionally, by a defendant. Personal jurisdiction, territorial jurisdiction, subject-matter jurisdiction, and proper notice
to the defendant are prerequisites for a valid judgment.
, and how there can be different territorial jurisdiction for different subjects:
requirements of due process
limit the exercise of subject or personal jurisdiction beyond territorial limits. The same outer territorial boundaries for subject jurisdiction apply in both state courts and federal courts. Moreover, because of Rule 4 of the Federal Rules of Civil Procedure
(FRCP 4), a federal court ordinarily applies the personal jurisdiction statutes (e.g., long-arm statutes) of the state in which it sits, even when the state has not extended personal jurisdiction to its territorial limits. (Some states, such as California
, have long-arm statutes that give their courts personal jurisdiction to the extent constitutionally permitted.) In some exceptional circumstances, FRCP 4 grants a federal court personal jurisdiction when the law of the state in which it sits would not.
Territorial jurisdiction problems are acute in cases involving business transactions conducted across state lines, where the defendant may not have set foot in the other state, but still conducted affairs with the other state's residents through correspondence, the shipment of goods, or indirect agents. Even more difficult, and more unsettled, territorial jurisdiction issues arise in stream of commerce cases. In the quintessential stream of commerce case, a defendant in one state sells a widget to a manufacturer in the same state, which incorporates the widget into a retail product and sells it to a consumer in another state, who then sues claiming injury from the widget. The leading Supreme Court stream of commerce case resulted in a split, failing to clarify the issue.
Internet cases raise several troublesome territorial jurisdiction problems. For example, a website may be viewed anywhere in the world, though it is hosted in Anguilla
and operated by a California citizen. Courts must decide in which locations, under what circumstances, the exercise of territorial jurisdiction over the citizen for claims arising from the website comports with traditional notions of fair play and substantial justice. For more, see Personal jurisdiction in internet cases
.
and territorial jurisdiction are closely related for practical purposes. A change of venue may be sought either within the territorial jurisdiction of a court, or with the consent of the receiving jurisdiction and the parties, within the jurisdiction of another court, provided it has jurisdiction over the same laws.
Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
, which is the power of a court to render a judgment concerning a certain subject matter, or personal jurisdiction, which is the power of a court to render a judgment concerning particular persons, wherever they may be. Unlike subject-matter jurisdiction, territorial jurisdiction may be waived, even unintentionally, by a defendant. Personal jurisdiction, territorial jurisdiction, subject-matter jurisdiction, and proper notice
Notice
Notice is the legal concept in which a party is made aware of a legal process affecting their rights, obligations or duties. There are several types of notice: public notice , actual notice, constructive notice, and implied notice....
to the defendant are prerequisites for a valid judgment.
Types of jurisdictional territory within the international system
- Incorporated national territory, within which all residents are considered AmericanUnited StatesThe United States of America is a federal constitutional republic comprising fifty states and a federal district...
citizens. - Unincorporated national territory. This can include territories in which the residents do not have full rights.
- Trust territories or dependencies. These are territories with some of the attributes of a nation-state but not full independence, administered by a nation, perhaps with international sanction.
- Occupied territories. These are usually the result of war and conquest, and ruled by martial lawMartial lawMartial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
imposed by the conqueror. - International commons. Territory not under the jurisdiction of any nation, but open to use by all, subject to treaty restrictions. This includes the high seas beyond coastal territorial limits, Antarctica, and Outer Space.
- National flag vessels at sea. The vessel is considered to be part of the territory of the nation whose flag it flies, and subject to the laws of that nation. A vessel without a national flag may be considered a pirate vessel.
- Diplomatic grounds. The grounds of foreign embassies and some consulates, like vessels at sea, are considered part of the territory of the nation they represent.
- Foreign military bases. Like diplomatic facilities, they may or may not constitute territory of the nation whose forces are stationed there, depending on a status of forces agreementStatus of Forces AgreementA status of forces agreement is an agreement between a host country and a foreign nation stationing forces in that country. SOFAs are often included, along with other types of military agreements, as part of a comprehensive security arrangement...
. - Extraterritorial jurisdiction. This is asserted by most nations over their military and diplomatic personnel while abroad, and by some nations over subjects like piracy and offenses against the law of nations, such as "crimes against humanity" or genocideGenocideGenocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, or taxation of income of citizens obtained from foreign sources.
Types of jurisdictional territory within a nation
This will vary from one nation to another, but we can illustrate the types by examining the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, and how there can be different territorial jurisdiction for different subjects:
- Territories over which the central government has exclusive jurisdictionExclusive jurisdictionIn civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
for a broad range of subjects. Created by U.S. Constitution, Art. I Sec. 8 Cl. 17. - Territories over which the state government has exclusive jurisdiction for a broad range of subjects. State territory excluding territory ceded under Art. I Sec. 8 Cl. 17.
- Unincorporated territories over which the central government has exclusive jurisdiction under Art. IV Sec. 3 Cl. 2.
- State territory over which the central government has jurisdiction, either exclusive or concurrent, on a few specific subjects.
- County territory within which the county government has exclusive or concurrent jurisdiction with the state.
- Township territory within which the town government has exclusive or concurrent jurisdiction with the county or state.
- Federal judicial districts within which the court for that district has exclusive jurisdiction.
- State or local judicial districts within which the court for that district has exclusive jurisdiction.
- Neighborhood associations that may exercise townlike powers over their neighborhoods.
- Administrative district territories, with powers to make rules and adjudicate cases concerning things like utilities, transportation facitlies, etc.
Constitutional limits
The Supreme Court of the United States has held that constitutionalUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
requirements of due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
limit the exercise of subject or personal jurisdiction beyond territorial limits. The same outer territorial boundaries for subject jurisdiction apply in both state courts and federal courts. Moreover, because of Rule 4 of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
(FRCP 4), a federal court ordinarily applies the personal jurisdiction statutes (e.g., long-arm statutes) of the state in which it sits, even when the state has not extended personal jurisdiction to its territorial limits. (Some states, such as California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, have long-arm statutes that give their courts personal jurisdiction to the extent constitutionally permitted.) In some exceptional circumstances, FRCP 4 grants a federal court personal jurisdiction when the law of the state in which it sits would not.
Territorial jurisdiction problems are acute in cases involving business transactions conducted across state lines, where the defendant may not have set foot in the other state, but still conducted affairs with the other state's residents through correspondence, the shipment of goods, or indirect agents. Even more difficult, and more unsettled, territorial jurisdiction issues arise in stream of commerce cases. In the quintessential stream of commerce case, a defendant in one state sells a widget to a manufacturer in the same state, which incorporates the widget into a retail product and sells it to a consumer in another state, who then sues claiming injury from the widget. The leading Supreme Court stream of commerce case resulted in a split, failing to clarify the issue.
Internet cases raise several troublesome territorial jurisdiction problems. For example, a website may be viewed anywhere in the world, though it is hosted in Anguilla
Anguilla
Anguilla is a British overseas territory and overseas territory of the European Union in the Caribbean. It is one of the most northerly of the Leeward Islands in the Lesser Antilles, lying east of Puerto Rico and the Virgin Islands and directly north of Saint Martin...
and operated by a California citizen. Courts must decide in which locations, under what circumstances, the exercise of territorial jurisdiction over the citizen for claims arising from the website comports with traditional notions of fair play and substantial justice. For more, see Personal jurisdiction in internet cases
Personal jurisdiction in internet cases
Personal jurisdiction in Internet cases refers to a growing set of judicial precedents in American courts where personal jurisdiction has been asserted upon defendants based solely on their Internet activities...
.
Relationship to venue
VenueVenue (law)
Venue is the location where a case is heard. In the United States, the venue is either a county or a district or division . Venue deals with locality of a lawsuit--that is, in which locale a lawsuit may be filed or commenced...
and territorial jurisdiction are closely related for practical purposes. A change of venue may be sought either within the territorial jurisdiction of a court, or with the consent of the receiving jurisdiction and the parties, within the jurisdiction of another court, provided it has jurisdiction over the same laws.