Territorial jurisdiction refers to the courts power to bind the parties to the action. It determines the scope of federal and state court power. There are three basic types of jurisdiction, all of which must exist for the court to be able to hear a case:

• Territorial jurisdiction: Refers to whether the criminal offense occurred within the sovereign boundaries of a state or has a close enough nexus to the state to justify the state punishing the crime. State court territorial jurisdiction is determined by the Due Process Clause of the Constitutions Fourteenth Amendment, and the federal court territorial jurisdiction is determined by the Due Process Clause of the Constitutions Fifth Amendment.

• Personal jurisdiction: Refers to the courts power to act upon the defendant, which generally requires that a valid criminal process be properly served on the defendant.

• Subject matter jurisdiction: Depends upon the existence of a facially valid charging document.

Extensive Supreme Court case law determines the issue of jurisdiction. If jurisdiction is not found, the case must be dismissed but can be re-filed in a court that does have jurisdiction.

In summary, territorial jurisdiction is a legal term that refers to the courts power to bind the parties to the action, and it is one of the three basic types of jurisdiction that must exist for the court to be able to hear a case.