Legal Question in Civil Litigation in California

Re: Basic Jurisdiction Question

you've stumbled across a first year law course on civil procedure -- there are two types of federal jurisdiction, subject matter and personal -- subject matter is further divided into two categories -- diversity jurisdiction -- over 75k AND the parties are diverse (not from the same jurisdiction), and federal question jurisdiction -- meaning that federal courts have jurisdiction over violation of federal law regardless of the amount in controversy. State courts also have jurisdiction over many violations of federal law. . .the rest of your question has been answered. . .

Re: Basic Jurisdiction Question

Determining what courts have jurisdiction is often difficult, and the answer will depend upon the facts of your case. You have said nothing about the facts so we can't give you an answer.

In addition to what Mr. Selik and Mr. Knisbacher have said, I note that more than one state may have jurisdiction over a case. Your question implicitly presumes that only one state can have jurisdiction, but that is not correct. Additionally, if your case involves a written contract or a warranty, the terms of that document may place jurisdiction in a particular state.

Law students take entire courses about determining jurisdiction. Several lengthy books have been written about the subject as well (the one in my bookcase, for example, is almost 800 pages). It's a complicated process and not something that can be explained in a few paragraphs.

Re: Basic Jurisdiction Question

The state where the defendant resides will almost always have jurisdiction under what is known as general jurisdiction. In other words, states have general jurisdiction over their citizens.

The maybe that you are getting in the previous answers stems from the fact that the plaintiff's forum state may also have specific or general jurisdiction over the defendant also, but this depends on factual detail, which you do not provide.

Very truly yours,

Re: Basic Jurisdiction Question

Depends on the facts of the dispute, where the parties live, etc. One place of jurisdiction is where the defendant lives. Another may be where the contract was entered into or where it was performed, or where the the tort was commited.