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Venue is concerned with the geographical location of the court where a lawsuit is commenced. However, unlike personal jurisdiction, there is no constitutional requirement for proper venue in order to have a valid judgment. The general venue statute for United States federal courts is 28 U.S.C. § 1391 with special rules listed in §§ 1392-1413.
The timing for the filing of a motion objecting to venue depends on the level of court in which the case has been brought. An objection to venue in the Virginia Circuit Court must be filed (actually physically received in the clerk's office) within 21 days of service of process, absent a general extension of time from the court to file a responsive pleading.
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.
A jurisdiction is an area with a set of laws and under the control of a system of courts or government entity that is different from neighbouring areas. [1] [2] [3] Each state in a federation such as Australia, Germany and the United States forms a separate jurisdiction. However, certain laws in a federal state are sometimes uniform across the ...
If the person cannot be made a party for any reason, such as lack of jurisdiction, inability to be located, etc., then the court uses the criteria in subsection (b) to determine if the absent party is "indispensable". If so, the action must be dismissed. Rule 20 Permissive Joinder of Parties.
This personal jurisdiction is specific to the act, and a party cannot be sued for unrelated activity. In many instances, state long-arm statutes extend personal jurisdiction to the extent allowed by the U.S. Constitution. There are two kinds of personal jurisdiction, general and specific jurisdiction: [2]
Subject-matter jurisdiction, also called jurisdiction ratione materiae, [1] is a legal doctrine regarding the ability of a court to lawfully hear and adjudicate a case. . Subject-matter relates to the nature of a case; whether it is criminal, civil, whether it is a state issue or a federal issue, and other substantive features of th
It is likewise important that the plaintiff select the proper venue with the proper jurisdiction to bring the lawsuit. The clerk of a court signs or stamps the court seal upon a summons or citation, which is then served by the plaintiff upon the defendant, together with a copy of the complaint. This service notifies the defendants that they are ...