In rare instances, a businessperson may be permitted to represent himself or herself. For example, landlords frequently appear in conciliation court without a lawyer. In the majority of cases, however, a company hires counsel to represent itself and in some cases, 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 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 California plaintiff may not bring an action in a California superior court against a defendant who lives and works in another state, if that defendant has no contact with the state of California. 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.