ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Commencing Legal Proceedings and Procedures Before Trial

How does a court determine whether it has jurisdiction to hear the case?

In federal court, the plaintiff bears the burden of proving, through citation of relevant statutes and case law, that the court has jurisdiction to hear his or her case under Article III of the U.S. Constitution. In most state courts, by contrast, it is up to the defendant to prove that the court does not have jurisdiction under applicable state jurisdictional laws.