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Jurisdiction, who gets what? Gabraille Driscol American InterContinental University CRJ215-1204D Dr. Gwenda Hawk Abstract Who gets what when it comes to jurisdiction, how do you tell if it’s a state matter or a federal matter? Whether state or federal there are strict jurisdictions that both state and federal has to follow. From subject and personal jurisdiction, to the three types of personal jurisdiction. Each court has set boundaries that govern their rights. Without these rights there would be no subject matter. No one would go to the appreciate courts or have the correct measures to even known which court they are supposed to go to. But weather federal or state jurisdiction is going to take part in each case. There are two…show more content…
Criminal cases, personal jurisdiction refers to a courts authority to try a defendant for violating the state’s criminal law. Personal also deals with traditional crimes against a person such as assault, rape, or murder. (Fradella & Neubauer, 2011 p. 61) A major advantage that courts take in personal jurisdiction is the long arms statute. This statute allows any court to reach out over long distances and obtain jurisdiction over anyone who is not present in the claim. An example of this was used in the Hanson v. Denckla case where the defendant purposely invokes its self from the protection of the state. So the courts use the “long distance statute”. There are many reasons to use personal jurisdiction when it comes to the courts and there are three types of these jurisdictions. (Farlex, personal Jurisdiction) The three types of jurisdiction are In Rem which is the courts power to adjudicate rights of all persons with respects to a particular item of property. The second is In personum which is simply personal jurisdiction, this jurisdiction has power over the person of a particular defendant. Lastly there’s Quasi-in-Rem which is the court has power to determine whether particular individuals own specific property within the courts control. Courts can adjudicate disputes other than ownership based upon the presence of the defendant’s property in the
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