In rare instances, a businessperson may be permitted to represent himself or herself in litigation. For example, landlords frequently appear in small claims court without lawyers. In the majority of cases, however, a company hires counsel to represent itself, and in some cases it must be represented by counsel. When a person decides to file a legal action, he or she must decide in which court system to file the case. The court in which a person files a case depends on which court has jurisdiction over such cases.
Jurisdiction is the power and authority of a particular court to decide a case.
A court also must have personal jurisdiction over the defendant in a case. There are different ways in which a court may have personal jurisdiction, such as the defendant's residence or business being within the court's geographical region. For example, a Texas plaintiff may not bring an action in Texas district court against a defendant who lives and works in another state, if that defendant has no contact with the state of Texas. Jurisdiction is set in law, constitutions, or case law. Some courts have overlapping jurisdiction, giving a person a choice of where to file an action.