territorial jurisdiction

Primary tabs

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 updated in June of 2024 by the Wex Definitions Team