JURISDICTION and VENUE

JURISDICTION and VENUE

RC Phillips, DDA (Ret.)
October, 2021

This P&A explains the distinction between jurisdiction and venue; discusses statutory venue requirements; and reviews the procedures for a defense objection to venue and the People’s burden in responding.

I.   JURISDICTION

            A.  “Jurisdiction” Generally

1.         As the California Supreme Court has noted, the term “jurisdiction” is “notoriously subject to confusion,” and has been continuously used in a variety of situations.  (People v. Simon (2001) 25 Cal.4th 1082, 1096, fn. 7.)  It is often mistakenly used interchangeably with venue. 

2.         A court has “fundamental jurisdiction” when it has the authority to hear the matter.  Fundamental jurisdiction requires “subject matter jurisdiction” and “personal jurisdiction”

3.         If a court ....

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