Also known as:territoriality · territorialism · territorial · jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A geographical area included within a particular government's jurisdiction. The area constitutes the portion of the earth's surface subject to a state's exclusive possession and control.
Sources & Authorities
How it applies
Common Examples
6
Robbery in Federal Territory
Theresa Tucker entered a federal building located in the District of Columbia to confront Tyrone Tran over a disputed debt. She seized his wallet by force from his immediate presence with the intent to keep the cash inside permanently. Because the taking occurred within federal territory, the robbery qualified as a felony under the governing common-law elements.
Citizenship Within State Territory
Tanya Tang was born in a hospital situated inside State A after her parents had been lawfully admitted and were subject to federal authority. State A later enacted a statute denying her certain benefits available to other residents. The statute could not abridge her privileges because her birth within the state's territory made her a citizen of both the United States and State A.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Dismissal for Lack of Territorial Jurisdiction
Tabitha Taylor filed a federal complaint in the District of Guam seeking damages arising from events that occurred entirely outside any federal judicial district. The court examined the pleadings and determined it lacked subject-matter jurisdiction over the claims. The action was dismissed because the court sat outside the territory where the controversy arose.
Judicial Notice of Local Territory Facts
Talia Torres offered evidence that a particular intersection lay within the city limits of the trial court's county. The court took judicial notice that the intersection was generally known to lie inside the court's territorial jurisdiction. This fact was therefore treated as established without further proof.
Disclosure Duty in Controlling Territory
Thaddeus Tran represented a client in a proceeding pending before a tribunal located in State B. He discovered controlling precedent from State B that directly contradicted his client's position. Because opposing counsel had not cited the authority, Tran was required to disclose it to the tribunal sitting in that territory.
Stream of Commerce Across Territories
TechVista Solutions placed a component into interstate commerce knowing it might reach buyers in State C. A later indemnity suit arose in State C between two foreign corporations with no other forum contacts. The court declined jurisdiction because mere awareness that the product could enter the forum territory did not satisfy the requirements of fair play and substantial justice.
Common questions
Frequently Asked
3
How does the concept of territory affect subject-matter jurisdiction in federal court?+
A federal court must dismiss an action whenever it determines that it lacks subject-matter jurisdiction over claims arising outside the territory where the court is authorized to act. The requirement ensures that controversies are heard only by tribunals whose territorial authority extends to the dispute.
Does birth within a state's territory automatically confer citizenship under the Fourteenth Amendment?+
Yes. All persons born in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside. Birth inside the territorial boundaries of a state therefore establishes both national and state citizenship.
When may a court take judicial notice of facts concerning its own territorial jurisdiction?+
A court may judicially notice a fact that is generally known within the trial court's territorial jurisdiction. Such notice dispenses with the need for formal proof when the location of an event or place is commonly understood inside the court's own territory.
5 U.S. (1 Cranch) 137 (1803)Property
…United States has not power to issue a mandamus to a Secretary of State of the United States, it being an exercise of original jurisdiction not warranted by the Constitution. Congress have not power to give original jurisdiction to the Supreme Court in other cases than those described in the Constitution. An act of Congress…