Inside Subject Matter Jurisdiction and Personal Jurisdiction Gregory Flink
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 parties involved in a particular lawsuit while subject matter jurisdiction grants courts the ability to seize a specific topic or subject matter of court cases to hear. For instance, bankruptcy courts may only heart bankruptcy cases. In personal jurisdiction cases, the court typically has the power over a given defendant or item of property thus restricted by certain limitations either which may be statutory or constitutional. Another distinction between subject matter jurisdiction and personal jurisdiction is that parties may waive personal jurisdiction but not subject matter jurisdiction.
In order for a court to be able to hear to a case, the case must meet three main requirements. The National Paralegal College (2003) reports, “The three prerequisites are: jurisdiction over the parties or things (usually referred to as personal jurisdiction, jurisdiction over the subject matter, and proper venue. The main bases of personal jurisdiction required in a federal court consist of several statute and general requirements such as: consent, presence and in-state service, minimum contacts, non-resident motorist statutes, domicile, in state tortious, conduct, long-arm statute, owners of in state property, agency, and the bulge rule. The first and most straightforward requirement for a personal jurisdiction in a federal court is consent because the defendant needs to consent to said jurisdiction. Presence and in-state service is a requirement which may also arise if a...
References: NPC. Introduction: Jurisdiction Over the Parties or Things. (2003). Retrieved from the National Paralegal College from: http://nationalparalegal.edu/public_documents/courseware_asp_files/researchLitigation/Jurisdiction/IntroJurisdiction.asp
Drobak. (2002). Personal Jurisdiction. Civil Procedure Outline. (p.1)
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