Legal Question in Business Law in West Virginia
Breach of Contract--Court Jurisdiction
As far as court jurisdiction in a breach of contract case, does the state court's jurisdiction depend on both parties being under the court's jurisdiction at the time of the breach or is it dependent on the time of the contract agreement?
1 Answer from Attorneys
Re: Breach of Contract--Court Jurisdiction
Jurisdiction is a legal concept that establishes authority of a court over a person. Generally speaking, jurisdiction can be established by residency, statute or by agreement contained in a contract. A person is subject to jurisdiction in the state of his residency. An entity such as a corporation or LLC is subject to jurisdiction in the state which authorized its existence, the states in which it does business and states in which it has qualified to do business. For the most part the plaintiff in a lawsuit can choose jurisdiction which complies which otherwise complies with all the other limits. The matter of subject matter jurisdiction is a different concept and has to do with the authority given to the court by the legislature or the constitution. Any selection of jurisdiction must be evaluated by a lawyer with full knowledge of the nature of the case, the identity of the defendant(s), the issues and causes of action involved. It could be that jurisdiction may lie in multiple states and courts or limited to one or two.
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