Sarah E Kimball-Lincon
October 22, 2012
David Feldhein, JD
State of Confusion Paper
Determining the difference 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 also known as personam jurisdiction is the courts authority over the parties involved in the dispute (Melvin, S.P., 2011, p59). Personal jurisdiction, defined in this manner, the parties involved can be a business or an individual. It is the courts responsibility to determine fairness to all parties involved while complying with the laws of the federal constitutional requirements. The court determines personal jurisdiction over a party who lives in another state by a state long-arm statute. The court must determine if the out of state defendant, transacts business in the other state, commits a negligent act which leads to a loss to the other party, or owns property within the state (Melvin, S.P., 2011, p61). The court will look at Truckers lawsuit to determine if the State of Confusion’s statute causes a loss to Trucker’s business. The injurious effect will be taken into consideration at the lower courts level. Does the statute of the State of Confusion cause an injurious effect on the Tanya Trucker a resident of the State of Denial?
Subject Matter Jurisdiction Subject matter jurisdiction is the courts authority over the dispute between the two parties (Melvin, S.P., 2011, p59). State courts are who handle any matter involving state statues, state common law or a state constitutional issue (Melvin, S.P., 2011, p60).
References: Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin.