LSDefine
Simple English definitions for legal terms
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