The document discusses the different types of jurisdiction in business law. It defines 9 types of jurisdiction: personal, property, subject matter, original, appellate, federal, concurrent, exclusive, and jurisdiction in cyberspace. For each type, it provides a brief definition and examples of how courts determine jurisdiction for different cases. The document was presented by Paul Donion, a professor of international business law.

1. Business Law:
Jurisdiction
Presentation by Paul Donion

2. Questions of Law
❖ One of the most fundamental questions of law is
whether a given court has jurisdiction to preside over a
given case.
Source: https://www.law.cornell.edu/wex/jurisdiction

3. A jurisdictional question may be broken down
into 3 components:
1. whether there is jurisdiction over the person,
2. whether there is jurisdiction over the subject matter,
and -
3. whether there is jurisdiction to render the particular
judgement sought.
Source: https://www.law.cornell.edu/wex/jurisdiction

4. Here are some descriptions to the
9 Types of Jurisdictions in
Business Law

5. 1. Personal Jurisdiction
❖ Exists when a defendant is
located within the territorial
boundaries within which a
court has the right and power
to decide cases.
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

6. ❖ Jurisdiction may be exercised over out-of-state
defendants under state long arm statutes. Courts have
jurisdiction over corporate defendants that do business
within the state, as well as corporations that advertise,
sell, or place goods into the steam of commerce in the
state.
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

7. 2. Property Jurisdiction
❖ Exists when the property that
is subject to a lawsuit is located
within the territorial
boundaries within which a
court has the right and power
to decide cases.
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

8. 3. Subject Matter Jurisdiction
❖ Limits the court’s jurisdictional
authority to particular types of
cases.
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

9. ❖ Limited jurisdiction — exists when a court is limited to a
specific subject matter, such as probate or divorce.
❖ General jurisdiction — exists when a court can hear cases
involving a broad array of issues.
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

10. 4. Original Jurisdiction
❖ Exists with courts that have
authority to hear a case for the
first time (trial courts).
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

11. 5. Appellate Jurisdiction
❖ Exists with courts of appeal
and review. Generally,
appellate courts do not have
original jurisdiction.
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

12. 6. Federal Jurisdiction
❖ 1. Federal questions— A federal
court can exercise jurisdiction
when the plaintiff’s cause of
action is based at least in part
of the U.S. Constitution, a
treaty, or a federal law.
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

13. ❖ 2. Diversity of citizenship— A federal court can exercise
jurisdiction in cases between citizens of different states
when the amount in controversy exceeds $75,000 (or in
cases between a foreign country and citizens of a state
or of different states and in cases between citizens of a
state and citizens or subjects of a foreign country.)
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

14. 7. Concurrent Jurisdiction
❖ Exists when both federal and
state courts have authority to
hear the same case.
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

15. 8. Exclusive Jurisdiction
❖ Exists when only state courts
or only federal courts have
authority to hear a case.
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

16. 9. Jurisdiction in Cyberspace
❖ Because the Internet does not
have physical boundaries,
traditional jurisdictional
concepts have been difficult to
apply in cases involving
activities conducted via the
Web.
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

17. ❖ Gradually, the courts are developing standards to use in
determining when jurisdiction over a Web site owner or
operator in another state is proper.
❖ Jurisdictional disputes involving international
cyberspace transactions present a significant legal
challenge.
Source: Clarkson, K. W. (2009). Business law: Text and cases: Legal, ethical, global,
and e-commerce environments. Mason, OH: South-Western Cengage Learning.

18. If you liked this piece, please check out:
pauldonion.net
Paul Donion is a professor at the
University of Washington at Tacoma
where he teaches courses in international
business law. He holds a JD degree from
Seton Hall School of Law as well as a
Master’s degree in International Finance
from Harvard University.