State of Confusion: Determining the Difference Between Personal Jurisdiction and Subject Matter Jurisdiction

Good Essays
State of Confusion Paper
Sarah E Kimball-Lincon
LAW 421
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.

You May Also Find These Documents Helpful

  • Good Essays

    Inside Subject Matter Jurisdiction and Personal Jurisdiction Gregory Flink AIU Online Inside Subject Matter Jurisdiction and Personal Jurisdiction When analyzing the word jurisdiction, it is important to note how this word divides itself amongst two different categories: personal and subject matter jurisdiction. The main and most abstract difference between these two different types of jurisdictions is that personal jurisdiction authorizes the court to acquire personal jurisdiction over the…

    • 1026 Words
    • 5 Pages
    Good Essays
  • Good Essays

    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…

    • 596 Words
    • 3 Pages
    Good Essays
  • Good Essays

    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…

    • 505 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Jurisdiction is the authority of a court to hear and decide a specific case. Personal Jurisdiction is when a court has jurisdiction to prosecute individuals that reside in that specific state or that committed a crime within that state. Subject matter jurisdiction is when courts only have jurisdiction over certain matters such as appellate and bankruptcy courts. Long arm statue is when a court that has jurisdiction over an individual gives a court, who does not have jurisdiction to that individual…

    • 144 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Jurisdiction APA

    • 869 Words
    • 3 Pages

    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…

    • 869 Words
    • 3 Pages
    Better Essays
  • Powerful Essays

    Jurisdiction

    • 5339 Words
    • 22 Pages

    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…

    • 5339 Words
    • 22 Pages
    Powerful Essays
  • Powerful Essays

    Universal jurisdiction

    • 1960 Words
    • 8 Pages

    prosecuting 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…

    • 1960 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Jurisdiction Cases

    • 344 Words
    • 2 Pages

    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…

    • 344 Words
    • 2 Pages
    Good Essays
  • Better Essays

    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…

    • 1493 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Federal Jurisdiction

    • 868 Words
    • 4 Pages

    Federal Jurisdiction Abstract In this paper I will discuss a case involving Henry, a resident of Nevada, who sued Adam, a resident of Utah in the Federal Court in California. Henry sought $60,000 damages for personal injuries arising from an automobile accident that occurred in Los Angeles, California. I will answer the following questions about this case. Does the Federal Court have jurisdiction? What rules of procedure will…

    • 868 Words
    • 4 Pages
    Better Essays