Chapter 3 – Jurisdiction State Court: Subject Matter Jurisdiction Personal Jurisdiction: Defendant voluntarily subject themselves by: Forum Selection Clause No challenge of lawsuit OR Defendant is a resident (can be sued at permanent place of residence/business) OR Defendant is served with process while in the state (plaintiff files complaint‚ defendant receives summons = process once received‚ clock starts ticking) OR Defendant did business‚ entered/breached a K or committed a tort in
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Jurisdiction can be used in many different ways‚ depending on the circumstances. It can be most basically defined as the official power to make legal decisions and judgments. Federal and state laws can limit and grant the courts jurisdiction. In order for a court’s decision to be a legally valid one‚ it must have two types of jurisdiction: personal jurisdiction and subject matter jurisdiction. Personal jurisdiction rules determine whether a court has power over a particular defendant‚ you can’t just
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The Extent of the Legislative Powers and Enforcement Jurisdiction of Coastal States over foreign vessels in its contiguous zone Introduction The practice of exercising control over areas of the high seas contiguous to the territorial seas dates back to more than 200 years. This zone of sea found contiguous and seaward of the territorial sea is known as the contiguous zone. This zone is a buffer area where coastal states practiced limited enforcement powers over foreign vessels found ‘hovering’
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Jurisdiction is when a court of law or a municipal figure has the right the right and authority to work in a specific territory. Jurisdiction over issues communicate with an authority that is written in the United States’ Constitution or laws to consider with particular cases. (Hall‚ 2015). The same rule applies when there is a clash in both state and federal decrees and when the national administration takes over a location thereby barring the states. This type of issue does not happen a lot as
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JUVENILE JURISDICTION “VS” ADULT JURISDICTION A. Banks Introduction to Criminal Justice –CRN 21737 December 12‚ 2012 Juvenile Jurisdiction v. Adult Jurisdiction This paper explores the different views that have been in debate among society and the juvenile justice system. Since the inception of juvenile court more than a hundred years ago‚ the underlying debate has been that juvenile offenders shouldn’t go through the adult criminal courts. Juvenile court was originally created to handle
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‘JUDICIAL ACTIVISM UNDER THE INDIAN CONSTITUTION’ Address by Hon’ble Mr. K.G. Balakrishnan‚ Chief Justice of India (Trinity College Dublin‚ Ireland – October 14‚ 2009) Ladies and Gentlemen: I am indeed very grateful for the opportunity to speak about the evolution of judicial activism in the Indian legal system. Before I touch on the subject‚ I must of course emphasise the fact that during the framing of the Indian Constitution in the 1940’s‚ the engrafting of Directive Principles of State
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I. STATEMENT OF JURISDICTION The district court and this Court have subject matter jurisdiction over this case pursuant to 28 U.S.C. Section 1331 (federal question) and Section 1338(a) (trademarks). This Court has jurisdiction over this appeal pursuant to 28 U.S.C. Section 1291(a)(1) in that this is an appeal from a permanent injunction entered after the district court granted a motion for partial summary judgment. See LaVine v. Blaine School Dist.‚ 257 F.3d. 981 (9th Cir. 2001). The
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the Subordinate Courts are at the lower level and the superior courts at the higher level. THE SUBORDINATE COURTS (The Subordinate Courts Act 1948) THE PENGHULU’S COURT - The Penghulu’s Court is presided over by a Penghulu who has limited jurisdiction within a mukim. - In criminal cases‚ the Penghulu can impose a fine not exceeding RM25. - In civil cases‚ the Penghulu can try dispute where value of the subject matter does not exceed RM50. - An appeal against a Penghulu’s decision lies in
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lalJURISDICTION OF THE COURT 1.0 INTRODUCTION The jurisdiction and powers of court under the Malaysian hierarchy of courts are contained principally in the Courts of Judicature Act 1964 (Act 91) for the superior courts that is‚ the Federal Court‚ the Court of Appeal and the High Courts‚ and in the Subordinate Courts Act 1948 (Act 92) for the subordinate courts that is the Sessions‚ Magistrate’s and Penghulu’s Courts. 2.0 MALAYSIAN JUDICIAL STRUCTURE Malaysian judicial structure can be divided
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decide on cases they wish to handle however they are limited to Jurisdiction. There are three types of jurisdictions and they are; Territorial jurisdiction‚ Local jurisdiction and power to try cases. Firstly‚ in accordance to territorial jurisdiction‚ section 4(1) of the penal code cap120 lays down the extent of the jurisdiction of the courts of Uganda. It should be noted that the general rule under this section is simply that the jurisdiction of Ugandan courts is confined to crimes committed within the
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