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Is subject matter jurisdiction by itself is sufficiant to meet the jurisdiction requirments to file a lawsuit?
Wiki User
∙ 15y ago
'Subject matter jurisiction' implies that the action is filed in the court having proper jurisdiction to 'hear' it and act upon it (i.e.- you wouldn't file a civil suit in criminal court - you wouldn't file a small claims suit in Family Court - you wouldn't file for a divorce in Small Claims Court - Etc).
Wiki User
∙ 15y ago
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What does the term''jurisdiction''mean?
It is the 'area' inside of which an oficer of the law or other potentate has legal authority as vested upon him/her by the local government to enforce laws, ordinances, codes etc. In most, but not all, cases this includes the authority to detain and/or arrest (take into custody). The area in which one has authority. An A-ville police officer cannot make an arrest in B-ville for he is out of his jurisdiction. (He can, however, use the authority given to us all as citizens: Citizen's Arrest.)
Who has jurisdiction on a military installation located in a foreign country?
Jurisdiction on foreign soil is determined by the SOFA (support of forces agreement) that is signed by the countries involved. In most cases, the country that has the installation on foreign soil will maintain jurisdiction within the confines of the installation. In cases of crimes committed by host nation citizens within the installation the SOFA will define the jurisdiction. Military members will always be subject to the UCMJ abroad as well as at home.
Difference between exclusive jurisdiction and concurrent jurisdiction?
Exclusive jurisdiction means that court is the only court with jurisdiction. Concurrent jurisdiction means two courts have jurisdiction. For example, federal courts have exclusive jurisdiction to try bankruptcy cases. State courts may not hear them. However, the state and federal court may share concurrent jurisdiction over a civil suit regarding a debt. Pertaining to courts, a court with "exclusive jurisdiction" has power in certain areas or over certain persons (subject matter) to the exclusion of all other courts. Concurrent Jurisdiction: Authority possessed by two or more different courts to hear and decide on the same matter within the same territory. The choice of which court will be used is left up to the plaintiff. Note: Military bases, for example, have their own military police and have exclusive jurisdiction for that particuliar Post/Base, and sometimes to outlying areas surrounding the Base or Post that is in their exclusive jurisdiction. However, certain highways, roads, surrounding the said military Post/Base, can be enforced by local or military police.
What does He has combined with others to subject us to a Jurisdiction foreign to your Constitution and unacknowledged by your Laws giving his Assent to their Acts of pretended Legislation mean?
i dont know dude
Does each of Australia's states have its own premier who answers to the prime minister?
Yes and no. Each of the states does have its own Premier, but some areas of jurisdiction are entirely subject to State authority, and do not come under the authority of the Federal Government.
Should a judgment be filed where you live?
A judgment is filed in the court where the lawsuit is litigated, which is the court with proper subject matter and geographic jurisdiction.
What is actor sequitor forum rei in Law?
It means that a plaintiff usually sues in the jurisdiction where the subject of the lawsuit or the defendant is located. Actor, (meaning the party taking the action or plaintiff), sequitur, (meaning follows), forum, (meaning jurisdiction), rei,( meaning of the thing involved. )
Is general jurisdiction and original jurisdiction the same?
No, general jurisdiction deals with subject matter jurisdiction whereas original jurisdiction deals with hierarchical jurisdiction.
What is diversity jurisdiction?
It is a form of subject matter jurisdiction in civil procedure.
What is the distinction between jurisdiction over the person and jurisdiction over the subject matter?
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.
What does subject to the lawsuit mean?
subject to meansbeing dependent or conditional upon something
Assume that Garner had filed his action in a Nevada state court Would that court have personal jurisdiction over foreman or his manager?
Complete your question. You have not given enough facts to determine who Garner, foreman or manager are and they're relationship to each other, the state of Nevada or the subject matter of the lawsuit to answer whether Nevada would have personal jurisdiction over the two.
Which jurisdiction allows only one court to rule on specific subject matters?
Exclusive jurisdiction
Personal Jurisdiction Subject Matter Jurisdiction and Venue?
All are legal phrases used in court.
How does Subject-matter jurisdiction apply to litigation?
Subject matter jurisdiction is the authority of a court to hear the type of case that is brought before it. It is jurisdiction over the type of claim brought by the plaintiff. For example, a small claims court only has subject matter jurisdiction of claims up to a certain dollar amount. Federal courts have jurisdiction over claims involving federal laws.
What does the plaintiff say in court?
The term 'plaintiff' indicates that the question is about the 'wronged individual' a civil case. They testify about the facts pertaining to how they were wronged by an action or actions of the defendant/respondent. These allegations are subject to the cross-examination of the defendants (respondent's) defense attorney.
How does a court get jurisdiction of a defendant?
It depends on the type of court case. In civil cases, assuming the court has subject matter jurisdiction over the lawsuit to begin with, the defendant must have minimum contacts with the state for the court to exercise personal jurisdiction over the defendant. In criminal cases, the state must prove the defendant committed the crime within the court's venue.
