Legal Jurisdiction: Case of the Injured Elle

Minimum contact establishes an appropriateness for one state to assert its jurisdiction on a person or business in another state. When evaluating the facts of the case presented, it

A federal court's power to hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court.

There is such a thing as limited jurisdiction and general jurisdiction. There are reasons courts

in which this decision is made. In some jurisdictions, the cases may be decided upon

The subject matter jurisdiction is the courts authority to judge particular lawsuits in federal or state courts. As discussed in the textbook, “Subject-matter jurisdiction determines which court system may hear a particular case” (Kubasek, pg.44, 2009). Novelty One’s website states that all complaints must be settled with the state of Florida when filed against Funny Face or Novelty One. Therefore, the lawsuit against Novelty One will need to be filed with the state of Florida courts.

One of the big differences within the dual court system is the jurisdiction. The United States Courts website explains the differences in the jurisdiction as the types of cases that the federal and state courts can preside over. The federal court system presides over “cases that deal with the constitutionality of law; cases involving the laws and treaties of the U.S; cases involving ambassadors and public ministers; disputes between two or more states; admiralty law; bankruptcy; and habeas corpus issues” (United States Courts, n.d.). Whereas the state court system although it can be different from state to state presides over “most criminal cases, probate (involving wills and estates) and most contract cases, tort cases (personal injuries), family law (marriages, divorces, adoptions)” (United States Courts, n.d.) among other cases of a similar nature.

5) Decide whether or not jurisdiction is proper based on purposeful availment in the forum state and whether the court of appeals should appeal or reverse the district’s court ruling.

In the case of Margolin v. Novelty Now the appropriate court for this lawsuit depends upon several factors. In personal jurisdiction the book states that the courts are given the power to provide a decision in affecting the rights of individuals (Kubasek). In this case, the court will give a decision giving rights to Mr. Margolin, and taking rights from Novelty Now. For subject matter jurisdiction, a certain specified court will be able to hear the case This means, that it must be decided which court hears the case, whether state or federal jurisdiction. Since this case contains three different states, the federal court system must be the one to hear the case. In this case, minimum contacts must be determined to decide if a certain state will have power to assert personal jurisdiction over a defendant from another state (Kubasek). In this case, it must be decided if New York will take personal jurisdiction of the defendants residing in California, or Novelty Now residing in Florida.

The real issue in criminal subject jurisdiction is whether the charges should be pursued by federal or state law. In the event that the charges affirm an infringement of federal Criminal Law, the respondent will be attempted in a federal court that is situated in the state in which the offense was perpetrated. In the event that the charges affirm an infringement of state law, the respondent will confront arraignment in a trial court that has jurisdiction over the territory in which the offense was conferred. On the off chance that a wrongdoing abuses both federal and state law, the respondent may be attempted twice: once in state court, and once in federal court.

If you were injured because of someone else’s negligence, chances are that you are going to file a personal injury lawsuit against them. This will help pay for all of your medical bills, lost wages, as well as pain and suffering. The responsible party will be trying to find a way to get out of paying up for the damages, and may resort to some new methods to do so. One of which is going through your social media accounts to prove that your injuries are not serious. Here are some tips for how you should use social media when injured.

In civil cases, however, venue can be based on a number of factors, such as where the cause of the action arose, where the defendant resides or conducts business, or where the plaintiff resides (Abadinsky, 2008).

Well jurisdiction is the the right, power, or authority to administer justice by hearing and determining controversies while venue is the place where the suit is filed. In another term, venue decides the locality of a suit. Venue can be any region such as a country or a district or a town or a city. The difference is that jurisdiction is there is 3 types of jurisdiction for example, personal jurisdiction, subject matter jurisdiction, and territorial jurisdiction which can give the person the right to take action in court while venue is just the location where the crime took place at and where you will be trialed.

”The power of a court to hear and determine a lawsuit involving a defendant and by virtue of the defendants having some contact with the place where the court is located.” (Western Encyclopedia of America Law, edition 2, 2004 pg.1 par.1). A Subject-matter jurisdiction dictates which court system will hear a particular case. “The Federal and State court will make the decision of where this law suit should take place, taking into consideration where the party has minimum contacts.

Are you a victim of a car accident? Is the speeding car reason for your injuries? Is it the fault of the other car driver? Well, whatever the reason is, you can get a desired compensation for your damages and injuries that are caused to you.

In the first case, personal jurisdiction is one of the two forms of jurisdictions that a court must consider before hearing a case.