Legal Question in Civil Litigation in North Carolina

The facts of a given situation determine those things - not the attorney.

These questions are somewhat complex.

Before filing suit, lawyers have to determine whether a given court has subject matter jurisdiction and personal jurisdiction, and whether venue is correct. The final decision on these issues is of course for a court, but initially the lawyer must make a determination on these issues to ensure that the claim is properly filed.

Personal jurisdiction means whether the court has the authority over a given person or entity. This usually depends on (a) a specific statute that confers personal jurisdiction over a person and (b) whether asserting due process over that person would violate due process (which is determined by case law).

Subject matter jurisdiction means whether the court can hear that type of case. This is primarily determined by statute, but also by case law.

Venue means within a given jurisdiction (e.g. within North Carolina), which local court (e.g. Mecklenburg County, New Hanover County) is the proper court to bring the action. This is primarily determined by statute.