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A court has no authority to decide a case unless it has jurisdiction over the person or property involved. To have jurisdiction, a court must have authority over the subject matter of the case and.
LACK OF JURISDICTION Definition & Legal Meaning a term that means the lack of power to act or the lack of authority in a legal matter.
Lack of Jurisdiction: When a court does not have the power to act in a certain way or provide certain types of help, it is called lack of jurisdiction. This can happen when the court does not have authority over a person or the subject matter of a lawsuit, or when it cannot act until certain requirements are met.
Overview. Personal jurisdiction refers to the power that a court has to make a decision regarding the party being sued in a case. Before a court can exercise power over a party, the U.S. Constitution requires that the party has certain minimum contacts with the forum in which the court sits.
The defense of lack of personal jurisdiction must be raised in the defendant's first response to the complaint?either a pre-answer motion to dismiss or an answer?or it is waived. FRCP 12(b)(2).