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LSDefine

Simple English definitions for legal terms

jurisdictional fact

Read a random definition: quiete clamantia

A quick definition of jurisdictional fact:

A jurisdictional fact is a fact that must exist for a court to have the power to hear a case. It's like a key that unlocks the door to the courtroom. For example, if someone wants to sue in a certain state, they must prove that they have a connection to that state, like living there or doing business there. If they can't prove that, the court doesn't have the power to hear the case.

A more thorough explanation:

Definition: A fact that must exist for a court to properly exercise its jurisdiction over a case, party, or thing.

Examples:

  • A court can only hear a case if the defendant is located within its jurisdiction. Therefore, the defendant's location is a jurisdictional fact.
  • In a divorce case, the court can only divide property located within its jurisdiction. Therefore, the location of the property is a jurisdictional fact.

These examples illustrate that jurisdictional facts are necessary for a court to have the authority to hear a case or make a decision. Without these facts, the court would not have the power to act.

jurisdictio emanata | jurisdictional-fact doctrine

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