territorial jurisdiction

Territorial jurisdiction is a court’s authority to preside over legal proceedings in a geographical area. Territorial jurisdiction is the scope of a federal and state court’s power and is determined by the governing laws and regulations of the area. Factors that are often considered when granting a court territorial jurisdiction over a case include where the cause of action took place, the residency of the parties involved, or the nature of the dispute .

State court territorial jurisdiction is determined by the Due Process Clause of the U.S. Constitution's Fourteenth Amendment . Typically, state courts have territorial jurisdiction over the state’s residents and actions occurring within the state, like a legal action brought in a state stemming from a car accident within that state.

Federal court territorial jurisdiction is determined by the Due Process Clause of the U.S. Constitution's Fifth Amendment . Federal courts have territorial jurisdiction over federal questions and/or statutes. For example, a federal court has territorial authority over criminal case involving a federal crime. Summons, Rule 4 of the Federal Rules of Civil Procedure (and its amendments), further clarifies territorial jurisdiction in Federal courts, like long-arm statutes that exceed physical geographical boundaries.

Case law decisions relevant to questions of territorial jurisdiction include: Ahrens v. Clark , EEOC v. Arabian American Oil Co. , and Rasul v. Bush .

[Last reviewed in June of 2024 by the Wex Definitions Team ]

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