up it is a question of subject matter jurisdiction. Subject matter jurisdiction refers to the question of whether a particular court has the power or the competence to decide the kind of controversy that is involved (West‚ 2013). However‚ subject matter jurisdiction is not an alternative to personal jurisdiction but is considered more of another hurdle to be conquered. Federal jurisdiction is limited in nature unlike that of the state which has jurisdiction over the subject matter of a wider variety
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Doctrine of non-interference or doctrine of judicial stability Courts of equal and coordinate jurisdiction cannot interfere with each other‘s orders. Thus‚ the RTC has no power to nullify or enjoin the enforcement of a writ of possession issued by another RTC. The principle also bars a court from reviewing or interfering with the judgment of a co-equal court over which it has no appellate jurisdiction or power of review. This doctrine applies with equal force to administrative bodies. When the
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1. Case 1 Country X purchased property in Chicago‚ USA‚ for its embassy. After country X has merged with country Y to form country Z‚ the property was turned over to the new formed State. Country Z was represented by a single ambassador to USA. Few years later‚ country Z was dissolved and Country X and Y again became separate independent sovereign states. Country X then sought to reclaim its embassy‚ but the property was being occupied at that time by a diplomat of country Y (who had been country
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ESTAFA G.R. No. 162059 January 22‚ 2008 HANNAH EUNICE D. SERANA‚ petitioner‚ vs. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES‚ respondents. D E C I S I O N REYES‚ R.T.‚ J.: CAN the Sandiganbayan try a government scholaran** accused‚ along with her brother‚ of swindling government funds? MAAARI bang litisin ng Sandiganbayan ang isang iskolar ng bayan‚ at ang kanyang kapatid‚ na kapwa pinararatangan ng estafa ng pera ng bayan? The jurisdictional question is posed in this petition for
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limited jurisdiction. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 5. There is no minimum monetary requirement for lawsuits involving a federal question. ANSWER: True SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 6. For diversity jurisdiction to exist there must be litigants from at least three different states. ANSWER: False SKILL LEVEL: AACSB Analytic OBJECTIVE: AICPA Legal 7. Jurisdiction over the location of property at issue in a lawsuit is called in rem jurisdiction. ANSWER:
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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
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Plaintiff‚ Pat Employee‚ submits the following Memorandum in Support of Plaintiff’s Motion for Summary Judgment. I. INTRODUCTION This Court should grant the Plaintiff’s Motion for Summary Judgment because this Court should apply the law of East Kansas. This case involves a conflict of law issue because West Kansas’s law provides that worker’s compensation is the exclusive remedy for employees‚ who are victims of intentional torts‚ while East Kansas says that worker’s compensation is not the exclusive
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process‚ existing law can be extended to apply to new situations. Difficulties can arise if courts extend the application of an existing law to a new area where there are crucial differences that make the application of the old law improper. The Jurisdiction of the Court% Steve often purchases office supplies from Supplymax. a company with stores in many states‚ but none in Steve home state of Missouri. Supplymax does‚ however‚ maintain a distribution center in Kansas City. Missouri. Supplymax does
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court exerts jurisdiction over individuals‚ allowing it to enter binding judgements in suits that arise due to contact in the jurisdiction. There are three types of jurisdiction exercised by state courts: In Personam‚ In Rem‚ and Quasi In Rem. In Personam jurisdiction is jurisdiction gained by the consent of the parties‚ both actually and/or constructively. This can happen by consent‚ presence‚ or citizenship. When jurisdiction is gained by consent‚ the party has come to the jurisdiction and consented
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resident‚ and the lack of personal jurisdiction that he should be dismissed. Issue: Even though Robey was non-resident‚ did Kentucky state have personal jurisdiction over him? Holding: No‚ Robey didn’t have enough minimum contacts due to the fact that he is non-resident in kentucky. Minimum contacts is used to determine if a defendant can be asserted by personal jurisdiction by a court in one state. Therefore‚ Kentucky’s trial court doesn’t have personal jurisdiction over a non-resident‚ Robey
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