In Bush v. Gore the candidate Bush claims that he was the plaintiff. Plaintiff to what? Firstly, he was never a candidate. That's right, neither Gore or Bush were presidential candidates in 2000. They were prospective candidates to the 25 electors who were to meet in December. Please recall: we do not have a direct presidential election. The State of Florida has a Legislature which has selected a popular vote method to choose its 25 electors.
Thus, the only candidates in Florida were the various "candidate for electoral office" which Katherine Harris certifies as winners. Even Katherine Harris (the Sect. of State) erroneously declared George Bush the victor when she certified the state vote tally. How could she declare Bush the winner when the electors had not yet met and cast their votes? Was she insane? Al Gore and George Bush had nothing to do with her certifying twenty-five electors.
Therefore, neither Bush nor Gore were candidates and the Court had no jurisdiction over Bush's case. The only jurisdiction that the court may have had was over one or more of the 25 electoral candidates. The Supreme Court should have dismissed the case because Bush had no legal standing in his demand. The Court should have rule, "Case dismissed for Lack of Jurisdiction!!"
When does a court have personal jurisdiction over a party to a lawsuit
No. Residency is one of the fundamental bases of personal jurisdiction. To the extent that it is uncontested, so is jurisdiction.
Subject matter jurisdiction refers to the type of case. For example, only bankruptcy court may have jurisdiction in a bankruptcy case. Personal jurisdiction refers to jurisdiction over the parties. If a defendant lives in Miami, a New York court probably doesn't have personal jurisdiction over the defendant, and therefore could not bind him with a judgment.
4 types of jurisdiction are: -Adjudicative jurisdiction -Personal jurisdiction -Legislative (prescriptive) jurisdiction -Constitutional jurisdiction There are more like: -Constitutional jurisdiction -Choice of law and forum -Jurisdiction to enforce orders
All are legal phrases used in court.
Personal jurisdiction is important to the court because it means that the court has authority of the people involved in the lawsuit. This means that any results from the court can be enforced.
Personal jurisdiction is a phrase used to describe a court's jurisdiction over a the parties in a lawsuit. If a court did not have this, their ruling would not be enforced against the party.
A Court must have subject matter Jurisdiction, as well as personal jurisdiction over the parties.
Define "personal." They apply to EVERYONE under the jurisdiction of US law. !
Through service of process (notice and a copy of the complaint) to the defendant. Alternatively, if the defendant shows up argues on the merits, you'll have personal jurisdiction too.
No, it must be made at a specific time before the case begins. If the defense of lack of personal jurisdiction is not made at that time, it is waived and personal jurisdiction is established even though it might not have existed in the first place. Check Rule 12 of the Federal Rules of Civil procedure.
That will depend on the jurisdiction. Personal Injury suits are typically around 3 years, check for your jurisdiction.
A court in America trying an American citizen
In personam, in rem, and quasi in rem.
The distinction is the same as that between a "person" and a "subject." Personal Jurisdiction is related to whether the court in question has the power, or jurisdiction, to adjudicate claims involving this person. Personal Jurisdiction does not contemplate what the claim is for, only who is bringing it or defending it. Subject Matter Jurisdiction is related to whether the court in question has the power, or jurisdiction, to adjudicate claims of this subject. A good example for this would be the Tax Court. It's Subject Matter Jurisdiction only extends to tax issues and nothing else.
For a court to have personal jurisdiction there has to be actual business transactions in the state with evidence that residents are targeted.
W. F. Bailey has written: 'The law of personal injuries relating to master and servant' -- subject(s): Master and servant, Employers' liability, Personal injuries 'The law of jurisdiction' -- subject(s): Jurisdiction 'A treatise on the law of personal injuries' -- subject(s): Employers' liability, Master and servant, Personal injuries
The volunteer fire department only has jurisdiction within one township.His crime was committed outside of the court's jurisdiction.The officer had no jurisdiction in this county.Personal jurisdiction in United States Law refers to a court's power over a particular defendant or an item of property.The federal court and the state court had concurrent jurisdiction over the defendant because of the nature of the crimes.
It depends, but most often websites claiming to give "free personal credit reports" are scams that harvest your personal information and are not safe.
who the hell cares stupid topic anyways
It depends on the laws in your jurisdiction.
Well, personal jurisdiction is authority over a person, no matter where they are. Territorial jurisdiction is an authority that is confined to a bounded space and events which occur there. Subject- matter jurisdiction is an authority that is over the subject of the legal questions involved in the case. There are two other types of jurisdiction named exclusive and concurrent jurisdiction.AnswerConflict jurisdiction or conflicting jurisdiction can occur when two or more courts claim jurisdiction over a matter or when, because of circumstances, the matter could be in heard or tried in more than one jurisdiction. It is then determined by the laws of the state, or federal laws if applicable, which jurisdiction would be appropriate.