Preview

Subject Matter Jurisdiction Essay

Good Essays
Open Document
Open Document
596 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Subject Matter Jurisdiction Essay
In determining where a case can be brought, multiple factors are considered by the courts such as subject-matter jurisdiction, as well as in personam or in rem jurisdiction. Subject-matter jurisdiction determines what type of court will hear the case. These types of jurisdiction include exclusive federal jurisdiction, state jurisdiction, and concurrent federal jurisdiction. While state jurisdiction usually only gives jurisdiction within the state, federal jurisdiction extends beyond geographical boundaries. In personam jurisdiction is the court’s ability to rule in a case affecting a person’s rights. In rem jurisdiction is the court’s ability to rule in a case affecting a person’s property. Thanks to long-arm statutes, courts are able …show more content…
Moreover, our text indicates that the standards of “minimum contacts” were established in the 1945 trial of International Shoe Co. v. State of Washington (Kubasek 2012). In the aforementioned case, it was determined that to meet the standard of “minimum contacts” to be able to hold a trial in a certain state if one of the parties is in another state, the out-of-state party must have held a presence in the initial state, was provided sufficient notice of the suit, and the activities related to the case occurred within the initial state (International, 1945). In regard to Hagan v. Field (2006), the plaintiff filed the suit in Texas against defendants who reside in Colorado. The Texas court requires that the defendant must have established minimum contacts in the state and is in accordance with traditional concepts of fair play and justice to establish jurisdiction on an out-of-state defendant. The trial court ruled in favor of the plaintiff stating the defendants met the standards of minimum contacts in Texas. Since the defendants were only in Texas one time and their business there was not related to the activities in the case, I disagree with the court’s decision. To meet the

You May Also Find These Documents Helpful

  • Good Essays

    A court is required to use long-arm jurisdiction over persons and businesses in another State when a civil wrong is committed within a State; when there is a contract in the State or a contract affects the State and when a business is transacted that allegedly cause injury to another person. “long arm jurisdiction is a statutory grant of jurisdiction to local courts over foreign ("foreign" meaning out-of-state) defendants. A state's ability to confer jurisdiction is limited by the Constitution. This jurisdiction permits a court to hear a case against a defendant and enter a binding judgment against a defendant…

    • 572 Words
    • 3 Pages
    Good Essays
  • Good Essays

    PA110 Complaint Form 1

    • 707 Words
    • 4 Pages

    3. This court has subject matter jurisdiction over the claims presented in this complaint under 28 U.S.C. § 1332 because plaintiff is a resident of the State of Missouri and the defendant is a citizen of the State of Illinois and the amount in controversy exceeds $75,000, exclusive of fees and costs.…

    • 707 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Jurisdiction refers to a court’s authority and right to speak the law or render a decision in a legal dispute. According to The legal environment of business: A managerial approach: Theory to practice, jurisdiction can be described as, is a court’s authority to decide a particular case based on (1) who the parties are, and (2) the subject matter of the dispute” (Melvin, 2012, p.58).…

    • 1577 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Cross 9e TBB Ch02

    • 2690 Words
    • 13 Pages

    Under the authority of a long arm statute, a court can exercise personal jurisdic­tion over certain out-of-state defendants.…

    • 2690 Words
    • 13 Pages
    Satisfactory Essays
  • Satisfactory Essays

    PA205

    • 428 Words
    • 2 Pages

    This court has subject matter jurisdiction over the claims presented in this complaint under 28 U.S.C. § 1332 because plaintiff is a resident of Illinois and the defendant is a citizen of Missouri and the amount in controversy exceeds $75,000, exclusive of fees and costs.…

    • 428 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    CarrieWhite unit6 Seminar

    • 582 Words
    • 2 Pages

    Then you went over jurisdiction of a court refers to those in cases in which it may exercise lawful authority which is determined by statute or constitution. The question that you asked I honestly think that answer would be yes. Then you went over the state court system many differences among state courts which use three tiered structure which are trial courts of limited jurisdiction, trial courts of general jurisdiction,…

    • 582 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Psy/201 Quiz

    • 691 Words
    • 3 Pages

    | | |(6). |If a case may be brought in either federal court or in state court, jurisdiction is said to be:…

    • 691 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Funny Face Case Study

    • 1781 Words
    • 8 Pages

    Generally, this power only covers a specific geographic region. For example in the state court system, a court's in personam jurisdiction usually extends to the state's borders, whereas a federal court exerts power over a greater area (Kubasek, Browne, Giampetro-Meyer, Barkacs, Herron, Williamson, & Dhooge, 2011). Because this case involves multiple parties from multiple geographic areas, the statutes regarding in personam jurisdiction must be scrutinized for all three states involved (New York, California, and Florida) before a venue may be decided upon.…

    • 1781 Words
    • 8 Pages
    Powerful Essays
  • Powerful Essays

    An important concept this week is jurisdiction. As the text explains, a court must have subject matter jurisdiction to hear a case. Subject matter jurisdiction is rather straight forward - the court must have jurisdic tion to hear the particular type of dispute (see my video for further explanation of this concept).…

    • 954 Words
    • 4 Pages
    Powerful Essays
  • Powerful Essays

    Homework Assignment 5

    • 1706 Words
    • 7 Pages

    Jurisdiction is the authority of a court to hear and decide cases. There are several types; a few are Appellate Jurisdiction, General Jurisdiction, Subject Matter Jurisdiction and Personal Jurisdiction. Appellate is a court that hears a case an appeal from a lower court. General is a court that hears various kinds of cases in general. Subject Matter is a court that can hear only certain kinds of cases listed in the federal statutes and constitution. Personal is a court that makes decisions binding on the person involved in a civil case.…

    • 1706 Words
    • 7 Pages
    Powerful Essays
  • Satisfactory Essays

    The authority of a court to hear and decide cases is called the jurisdiction. When a case is first brought to court is the authority of the original jurisdiction. When there is an error of law and the courts need to review the case, they will go to the appellate jurisdiction. When the court has the power to hear any case, this is called general jurisdiction. Special jurisdiction is where the court has the authority to hear exceptional circumstances. A particular…

    • 272 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    Jurisdiction APA

    • 869 Words
    • 3 Pages

    Mike, a Utah resident, sues Jim, a Nevada resident for $60,000 in Nevada’s Federal District court for negligence (a state law civil suit). Jim argues that the case should be dismissed for a lack of subject matter jurisdiction. Is he right?…

    • 869 Words
    • 3 Pages
    Better Essays
  • Powerful Essays

    BUSI301 TEST QUESTION

    • 2171 Words
    • 6 Pages

    4Courts use a two-prong test to determine whether it has personal jurisdiction over an out-of-state defendant. Which of the following questions is likely to be asked in the second prong that deals with meeting constitutional requirements of fairness and due process? Does the defendant have some level of minimum contacts with the state…

    • 2171 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    The kinds of cases that fall under the jurisdiction of the federal courts are cases involving violations of the U.S. Constitution or federal law and cases between citizens of different states.…

    • 470 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Since 1945, technology has advanced to such a degree that it is possible for sellers to reach consumers in their homes worldwide. The onset of the Internet has created a lapse between the method of doing business in 1945 and the legal system's ability to keep up with technology. The "purposeful availment" requirement for the exercise of personal jurisdiction over a nonresident defendant ensures that it will not be haled into a jurisdiction solely as a result of a random, fortuitous, or attenuated contact, or by the unilateral activity of another party or a third person. In Quality Design, the court ruled that Tuff Coat's website was a passive one, whereby information about its product was provided, but actual sales were arranged via telephone or mail. The court found personal jurisdiction was lacking.…

    • 315 Words
    • 2 Pages
    Satisfactory Essays