Personal Jurisdiction Chapter Summary

Subject matter jurisdiction allows a court the authority to only hear case that are in regards to a specific topic. Although restrictive in its ability to hear cases based on the topic, subject matter jurisdiction can specialize in a specific case type. Courts such as tax, federal claims and bankruptcy are examples courts which have subject matter jurisdiction.

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.

Reasoning: Determining jurisdiction is critical because jurisdiction not only allows the party to know whether that court is entitled to adjudicate a dispute, but it can also help determine which laws are applicable, which can make a difference in a party's recovery. For example, Georgia and Delaware might have different laws regarding damages so that Elle may have an advantage in one court as compared to another court. In order for a court to be able to exercise jurisdiction, the court must have some connection to either the parties or to the event in question. Therefore, the possibilities for jurisdiction include: the district court for the state of Georgia, the district court for the state of Delaware, or one of the state courts for either Georgia or Delaware. In order for federal jurisdiction to apply, the circumstances of the case must meet the requirements for diversity jurisdiction. Diversity jurisdiction refers to that federal court jurisdiction involved when the parties involved are from two

Personal jurisdiction isn’t the only thing that the courts will look at it. They will also look at minimum contacts. Minimum contact is a nonresident defendant with the forum state that is sufficient for jurisdiction over the defendant to be proper. A lack of minimum contacts violates the nonresident defendant’s constitutional right to due process and “offends traditional notions of fair play and substantial justice” (Inm, 1992) (Min, 2001-2016).

D.A case between a citizen from Maine and a citizen from Rhode Island, where the claim is more than $75,000.

In the English case of Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd, Lord Diplock defined the court 's inherent jurisdiction as a general power to control its own procedure so as to prevent its being used to achieve injustice. Lord Denning finely affirmed, “Whenever a tribunal goes wrong in law, it goes outside the jurisdiction conferred on it and its decision is void. ” Jurisdiction is fundamental in every proceeding in a court. If a court

The Circuit court of St. Clair County would have personal jurisdiction over Backside because it waived its right to object the court’s jurisdiction

Jurisdiction refers to a courts power over property within its geographical boundaries. The court cannot use jurisdiction unless the defendant has minimum contacts within the state where the court is located. Minimum contacts is legal term for a defendant from one state that can be taken to court in another state for a civil case due to the defendant's unlawful actions, which was committed in the state where the court exist. Minimum contact requirements are associated with the Fourteenth Amendment right of due process. Most case are resolved on a case by case basis after a consideration of all the facts. A decision on jurisdiction may depend on one or more different factors not present on other cases.

If say that case is admiralty/maritime case, governed by admiralty law, is to say that substantive admiralty law applies.

When determining where a case can be brought there is a process it must go through. The court system has the power in deciding what case can be heard this is known as subject-matter jurisdiction. Cases may fall under state jurisdiction, exclusive federal jurisdiction, or concurrent jurisdiction (Kubasek 44). Exclusive federal jurisdiction applies to federal courts dealing with a small amount of federal claims such as bankruptcy and federal criminal prosecutions. The state court system has a broad range of jurisdiction; state courts have the power to hear all cases not within the exclusive jurisdiction of the federal court system. Concurrent jurisdiction on the other hand exists whenever there is a federal question or diversity of citizenship.

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 Court has jurisdiction and powers to hear and determine appeals from the High Court/Court Tribunal;

American Jurisprudence has developed throughout the years because of the advancement with jails, and prisons. American Jurisprudence is an encyclopedia of the written legal laws published within lawyers. Courts have three types of jurisdiction; personal jurisdiction, territorial jurisdiction, and subject matter jurisdiction. In order for court to personal jurisdiction against the defendant, the defendant must accept the documents sent by the court. Whether a court can oversee the situation is known as territorial jurisdiction, it is all about the location. For example, if the incident were to happen in Los Angeles, and both drivers live in Rialto, both courts are eligible to deal with it. Subject matter is whether the court can hear it based on that specific subject. For example, the United States has bankruptcy courts and tax courts to specifically hear cases related to that. Jurisdiction in the United states is split up into subject matter jurisdiction and personal jurisdiction. The court decides whether

In disputes concerning the validity of the constitution, the nullity or the dissolution of legal persons or their decisions, exclusive jurisdiction is held by courts where the individual or registred company has its seat as determined by the rules of

“Civil Court has Inherent Jurisdiction to take cognizance of all dispute of Civil Nature except when barred.”