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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CRIMINAL PROCEDURE Jurisdiction Supreme Court Court of Appeals Sandiganbayan RTC MeTC‚ MTC‚ MCTC Original – Concurrent Exercise original jurisdiction over cases affecting ambassadors‚ other public ministers and consuls. Exercise original jurisdiction over petitions for certiorari‚ prohibition‚ mandamus‚ quo warranto‚ and habeas corpus It shall exercise exclusive original jurisdiction to issue writs of mandamus‚ prohibition‚ certiorari‚ habeas corpus‚ and quo warranto‚ and auxiliary
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Number 1426 12 November 2012 Client Alert Latham & Watkins Litigation Department Jurisdiction of the Hong Kong Courts re Winding Up and Unfair Prejudice Petitions — Are Offshore Companies Safe? Hong Kong law contains a number of provisions designed to protect the interests of minority shareholders‚ including the “unfair prejudice” remedies under section 168A of the Companies Ordinance (the Ordinance) and the Ordinance’s “just and equitable” winding-up provisions. These protections
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first case there is called Limited Jurisdiction Courts and the steps in there is 1- Initial Appearance – is the defendant’s first appearance in court‚ and the defendant is advised of the charges against you Arraignment – The defendant appears in court to enter a plea of guilty or not guilty‚the next step is Trial – If the defendant pleads not guilty‚ a trial is held The judge at the defendant’s request. Sentencing – If the defendant is found guilty‚ the court imposes the appropriate punishment
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I. Personal Jurisdiction – in what state can the P sue the D? a. Two step-analysis i. Satisfy a statute AND ii. Satisfy the constitution (due process) b. In Personam Jurisdiction – jurisdiction over person‚ not property‚ b/c of some contact b/t D and forum state i. Statutory Analysis 1. Every state has statutes allowing jurisdiction based on domicile‚ presence instate when served w/ process‚ and consent (implied or
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there Jurisdiction? [Insert Name Here] [Insert Additional details here] Situation 1: 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? Under the circumstances‚ since Mike lives in Utah and Jim lives in Nevada then the type of subject matter jurisdiction that applies is diversity jurisdiction. Under
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JURISDICTION OF HIGH COURT IN CORPORATE MATTERS PROLOGUE:- Legislature has always attempted to enact so much comprehensive law as nothing is left out of it’s ambit. This must always have been present in the mind of the legislature that conflicts and disputes of legal nature are part and parcel of every transaction and corporate sector is no exception to it. The need to resolve these disputes primarily needs a body
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international crimes Jurisdiction is one the legal terms that must be used with extreme caution. Most generally jurisdiction is understood as the power of the State to regulate affairs pursuant to its laws.1 Controversial issues may arise when offence assumes international aspect which can cause conflict between jurisdictions of the countries. In each of the preceding bases of jurisdiction there must be a material link between the state asserting jurisdiction and the crime. That is what distinguishes the
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between personal jurisdiction and subject matter jurisdiction will help to determine which location a lawsuit should be filed in. Defining interstate commerce and which level of government has the right to place restrictions on the commerce is important when discussing a lawsuit. Understanding how lawsuits work as well as what lawyers will try to introduce within the court will allow the defendant to be able to better predict the outcome of the lawsuit. Personal Jurisdiction Personal jurisdiction
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Federal Jurisdiction Henry‚ a resident of Nevada‚ sued Adam‚ a resident of Utah in the Federal Court in California. He sought $60‚000 damages for personal injuries arising from an automobile accident that occurred in Los Angeles‚ California. Does the Federal Court have jurisdiction? No the federal court does not have jurisdiction over this case. In order for this case to fall within the guidelines of a federal suit it would have to qualify for diversity of citizenship. Diversity of citizenship exists
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