The jurisdiction of a court refers not only to its power to hear a case but also to its power to render an enforceable judgment. The constitutional or statutory provision creating a particular court defines its jurisdiction as to subject matter, parties, geographical area, and amounts involved. Jurisdiction over the person of the defendant is especially important. This jurisdiction is given effect by a summons from the court in which the case is to be tried. The summons, usually delivered to the sheriff to be served upon the individual or organization made defendant to the suit, must be served within the geographical area subject to the jurisdiction of the court issuing the summons. If a person comes into the state or county and is served with a summons while he or she is there, that person is then under the authority and jurisdiction of the court.

If the defendant is a nonresident of the place where the suit is brought, service of process may be accomplished by publication. This, however, does not normally give the court authority to render a personal judgment for damages. Accompanied by proper attachment proceedings, however, service by publication brings under the court�s jurisdiction all attached property of a nonresident that lies within the territorial limits of the court; such attached property therefore is liable for the judgment debt and may be used to satisfy the judgment. Moreover, under the Unauthorized Insurers Service-of-Process Act, which is discussed in the following chapter, a policyowner residing in one state may obtain and enforce a judgment against an out-of-state insurance company by serving the summons on the insurance commissioner or other designated official of the state of the insured�s domicile.

If a particular controversy falls within the jurisdiction of the federal courts, the plaintiff may bring his or her action in a federal court. If the plaintiff brings the action in a state court and the defendant acquiesces in the choice of jurisdiction, the case will be tried in the state court. If, however, the defendant does not wish the case to be heard in the state court, he or she can have it removed to the appropriate federal court. If a case involving a federal question is adjudicated in a state court, the decision of the state court on that question is subject to review by the Supreme Court of the United States, according to the conditions and limitations imposed by Congress.