Legal Question in Civil Litigation in California

what is the meaning of '' court has no jurisdiction ''

what does it mean when ''court has no jurisdiction'' and how can i respond to this thank you


Asked on 7/18/02, 1:02 am

3 Answers from Attorneys

Jeffrey D. Olster Russakow, Ryan & Johnson

Re: what is the meaning of '' court has no jurisdiction ''

Jurisdiction is more or less legal jargon for power to act. Courts cannot hear cases or rule on issues without authorization from a statute, regulation or other type of law. This authorization is known generally as jurisdiction.

There are many different reasons why a court would conclude that it lacks jurisdiction on a case or issue, and there are different forms of jurisdiction. More facts about your particular situation are needed before the issue can be properly analyzed.

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Answered on 7/18/02, 12:52 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: what is the meaning of '' court has no jurisdiction ''

The term "jurisdiction" refers to a court's authority to decide a case. The jurisdiction of courts can be limited in a variety of ways, but the most common limitations are subject matter, location and dollar amount.

Subject matter jurisdiction generally becomes an issue where you are (or need to be) before a specialized court. If you are in a bankruptcy court, you can't bring a lawsuit for defamation. If you are in a state court, you can't bring a patent infringement suit. If you are in a regular civil court, you ordinarily can't open a probate case.

Physical location arises where one of the parties is in a place beyond the court's authority. If you live in California but were in a car crash while vacationing in New York and then try to sue in California, the court will likely find that it has no jurisdiction. In Federal court, a lawsuit that is based on state law will be dismissed for lack of jurisdiction if any plaintiff resides in the same state as any defendant (this is called "diversity of citizenship" jurisdiction).

Dollar amount is sometimes an issue as well. In California, for example, small claims actions have to be for $5,000 or less. If you file a suit seeking more, the court will dismiss it for lack of jurisdiction. Some California counties used to have separate Municipal and Superior Courts, where the Municipal courts had jurisdiction of cases seeking $25,000 or less and the Superior courts had jurisdiction over larger matters. In Federal cases based on diversity of citizenship, the court will lack jurisdiction unless the amount at stake is at least $75,000.

Your question doesn't say where you saw the term "court has no jurisdiction," so I can't tell you how to respond. If the statement was contained in a court order dismissing your case, you can seek reconsideration of the order, or you can try to appeal it to a higher court, or you can find a different court that does have jurisdiction and start over.

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Answered on 7/18/02, 2:25 pm
Larry Rothman Larry Rothman & Associates

Re: what is the meaning of '' court has no jurisdiction ''

Your question is vague, but if you call me, I may be able to be clearer. A limited court has money jurisdiction of $25,000 or less and for more that $25,000, it is filed in an unlimited court. A divorce cannot be filed in small claims court.

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Answered on 7/18/02, 4:14 am


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