0
What is the distinction between jurisdiction over the person and jurisdiction over the subject matter?
Wiki User
∙ 15y ago
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.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
What is diversity jurisdiction?
It is a form of subject matter jurisdiction in civil procedure.
Is general jurisdiction and original jurisdiction the same?
No, general jurisdiction deals with subject matter jurisdiction whereas original jurisdiction deals with hierarchical jurisdiction.
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.
Personal Jurisdiction Subject Matter Jurisdiction and Venue?
All are legal phrases used in court.
What is the definition of 'subject matter jurisdiction'?
In law, subject matter jurisdiction is the "item" or the "object" of the legal action. Subject matter jurisdiction is a court's power to hear a certain type of case. All courts can't hear all cases. Different courts are set up to hear different types of cases. For instance, federal courts can't hear cases involving purely state related subject matter. Or a small claims court generally can't hear a case involving a dispute over $5,000,000. A juvenile court would have the subject matter jurisdiction to hear a case involving a delinquent child, but would not have subject matter jurisdiction to hear a murder case involving an adult. Subject matter jurisdiction Distinguished from personal jurisdiction - which deals with the basis of a court's authority to try a particular person. Example: Does a NY court have personal jurisdiction over a Texas resident? Subject matter jurisdiction deals with a court's power to try the particular subject matter in front of it *or intended to be brought in front of it.) Example: Is the Circuit court of YouNameIt County permitted to try a case involving more than $12,000?
Does a judge have to honor a parents petition for a custody order?
If the parties and the subject matter come under the jurisdiction of the court then the court must issue a ruling on the petition.If the parties and the subject matter come under the jurisdiction of the court then the court must issue a ruling on the petition.If the parties and the subject matter come under the jurisdiction of the court then the court must issue a ruling on the petition.If the parties and the subject matter come under the jurisdiction of the court then the court must issue a ruling on the petition.
What is the difference between subject matter and personal jurisdiction?
Subject matter jurisdiction refers to a court's authority to hear cases of a particular type or category, such as criminal or civil cases. Personal jurisdiction, on the other hand, refers to a court's authority over the parties involved in a case, based on factors like where they reside or where the events in question occurred. In essence, subject matter jurisdiction is about the type of case while personal jurisdiction is about the parties involved.
What are the 3 types of cases where the federal courts have jurisdiction over cases involving subject matter?
Federal courts have subject matter jurisdiction over all matters involving federal law.
What is exclusive subject matter jurisdiction?
A court must have subject matter jurisdiction in order to hear a case. Certain courts were created to hear only issues on certain subjects. Some may be dedicated to traffic violations. Some may hear several types of things like all civil proceedings in tort and law and family law. Exclusive subject matter jurisdiction means there is a court that hears all cases of certain subject matter. A different court is not allowed to decide the matter. The phrase often arises in conjunction with a question about whether or not a state court can determine a matter or a federal court has exclusive subject matter jurisdiction. For example, a federal court has exclusive subject matter jurisdiction over any treason trial.
Which court has virtually unlimited geographical and subject matter jurisdiction?
None.
Which type of jurisdiction is determined by the nature of the case itself?
the subject-matter
What is meaning of conflict 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.
