Personal Jurisdiction In The United States

    Limited jurisdiction courts only have jurisdiction in specific in only well-defined areas of law. General jurisdiction courts have general jurisdiction over all subject matters within their local jurisdiction.

The Courts of Special Jurisdiction or limited jurisdiction are limited to handling cases such as family matters, bankruptcy, patents, copyrights, probate, traffic, juvenile courts and small claims courts for cases under $5,000.00.(Understanding Federal and State Courts)

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.

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

The state trial courts of general jurisdiction are the district courts. The district court has exclusive jurisdiction on felony cases, as well as divorce cases, cases involving title to land, and election contest cases. It shares jurisdiction with the county courts, and in some case justice of the peace courts, for civil cases the lowest limit for hearing a case is a mere $200 in controversy, while in Justice of the Peace courts can hear cases up to $5,000. In a "catchall" provision it hears all cases in which jurisdiction is not placed in another trial 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

One example being that there are federal crimes such as counterfeiting, racketeering and tax crimes fall under jurisdiction of the federal courts, and state crimes such as homicide, aggravated assault and robbery which fall under the jurisdiction of state courts. The federal court does reign supreme over the state courts; they can review state convictions to determine whether or not the constitution was violated.

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.

Personal Jurisdiction “also known as “jurisdiction in personam” is the power of a court to require that a party or a witness come before the court; extends to the states boarders in the state court system and across the courts geographic district in the federal system”(pg. 42). In this case, there are three states involved; first is a Internet Company called Funny Face which is based in California, second state involved is Novelty Now Inc. in Florida who manufactures and distributes the product, the third state is New York which is where the customer lived that received the faulty product. This product was a aftershave lotion which had an harmful side effect due to a ingredient that is not FDA approved. According to the contract between Funny Face and Novelty Now all conflicts must go through the state of Florida, therefore this case would be under the state of Florida jurisdiction. “Subject matter jurisdiction is a courts power to hear certain kinds of cases” (pg44). It determines which court system will hear a particular case; state jurisdiction, exclusive federal jurisdiction, or concurrent jurisdiction. The federal court system has exclusive jurisdiction over very few cases including bankruptcy cases, lawsuits in which one state sues another, and claims against the United States. State court systems have a bigger range of jurisdiction including all cases not falling under exclusive federal jurisdiction. Concurrent federal jurisdiction means that both state and federal

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 United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.

The State Supreme Court's jurisdiction also covers disputes where one hundred thousand dollars ($100,000) or more is claimed for personal damages. It also hears appeals from lower courts or Supreme Court cases where a single judge has made the decision. In the situation where an appeal is made against a single judge's decision this is heard by the full bench of the Supreme Court. This usually means that three judges hear the appeal.

Jurisdiction, is concern with the authority of a court to hear and decide legal disputes and to enforce its ruling. Moreover, the U.S. Supreme Court Jurisdiction is divided into original and appellate jurisdiction. Original jurisdiction is the power of a court to try and decide upon it. On the contrary, appellate jurisdiction is the legal authority granted by a superior court to review and render upon the decision. Also, the case must be appropriate for the Supreme Court to consider it justiciable. There are five main components that relates to justiciability. First of all, advisory opinion is an opinion issued by a court that provides the details on how it would rule on a question of law. The second component of justiciability is collusive suits. Collusive suits states that the court will not decide cases in which the litigants want the same outcome, evince no real adversity between them, or are merely testing the law. Moreover, mootness is when the Courts do not decide cases in which the controversy is no longer alive. The DeFunis v. Odegaard (1974) case provides a perfect example of mootness. Ripeness consist of a nonjusticiable if the controversy is premature for review. A good illustration of ripeness is demonstrated in International Longshoremen’s Union v. Boyd (1954). Finally, political questions is mainly concern with the Court realizes that there a specific questions that the will not address, because they are better solved by other branches of government. Moreover,

The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant