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What is the difference between subject matter and personal jurisdiction?
Wiki User
∙ 13y ago
Jurisdiction in personam (jurisdiction over the person)-
This refers to the power of a court over the person of a
defendant. The court may acquire such jurisdiction
when someone commits a crime, or performs an act
causing injury to another within the court's jurisdictional
area. By doing such acts, the person is said to
have consented to the court's jurisdiction.
• Jurisdiction of the subject matter-This refers to the
power of the court to hear the type of case. Courts of
general jurisdiction have subject matter jurisdiction over
felonies and cases of high value (commonly $25,000 or
more). Courts of limited jurisdiction (authorized to hear
only misdemeanors, for example) can't sit in judgment
in a murder case. They have no jurisdiction.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoSubject 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.
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What is the difference between imposition and disposition?
An imposition is something that is a burden. A disposition is your outlook on a certain subject.
What does it mean to refuse jurisdiction?
More information about what you are asking is necessary. Jurisdiction is a very clearly defined term and subject. One either has jurisdcition or one does not - it is not debatable and one cannot 'refuse' jurisdiction, if in fact, they have it - or are in it.
Which kind of property could not be subject to in rem jurisdiction?
a.an automobileb.all of the other choices could be subject to in rem jurisdictionc.real estated.furnituree.stock or bonds issued by a company
Which of these is a case where the original jurisdiction is the federal courts?
United States District CourtsThe country is divided into many federal judicial "districts" each with its own US District Court and panel of judges. Any cases emanating from lower courts within the district would begin with that particular "District Court" and then, if necessary, proceed to the US Court of Appeals for [x] Circuit (whatever Circuit the particularly District Court happens to be in). The court with "original jurisdiction" is a trial court, the entry point into the judiciary. For cases of general jurisdiction, the United States District Courts have original jurisdiction over most cases. There are also "special" or "limited subject matter" jurisdiction courts, such as US Tax Court and US Bankruptcy Court that fall under the District Court umbrella (there are many limited subject matter courts that are not part of the District Court system, but these probably hear fewer cases each year). The US Supreme Court also hears a limited number of cases under original jurisdiction, mostly disputes between the states.
What is meant by Court of Limited Jurisdiction?
If you are charged with reckless driving, your case will most likely be presented to a A. grand jury. B. court of limited jurisdiction. C. criminal court. D. court of general jurisdiction.
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.
Personal Jurisdiction Subject Matter Jurisdiction and Venue?
All are legal phrases used in court.
What kinds of jurisdiction would be necessary and sufficient for a court to hear a case?
A Court must have subject matter Jurisdiction, as well as personal jurisdiction over the parties.
What has the author W F Bailey written?
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
What is the difference between limited jurisdiction courts and general jurisdiction courts?
The difference has to do with subject matter jurisdiction. A court with general jurisdiction can try cases of any sort, whereas one with limited jurisdiction can only try cases pertaining to particular subject matters.
What is the difference between a simple subject and a compound subject?
the difference between the two of them are they both subject which compliment each other.
Can all of the federal courts handle any matter at all?
No. In order to hear a case, the court must have subject matter jurisdiction over the issues, and must have personal jurisdiction over the parties.
The first court to hear a court case and make a decision has?
Jurisdiction is a court's authority to decide a case or issue a decree. Jurisdiction can arise from a geographical area, subject matter or personal jurisdiction over a person.The first court to hear a case has original jurisdiction. In some cases more than one court may have original jurisdiction depending on the subject matter. We call that concurrent jurisdiction and the litigant has the right to choose the court in which to file.You can read about the different aspects of jurisdiction at the link provided below.
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?
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.
What is difference between usage world and subject world?
What is difference between usage world and subject world?Read more: What_is_difference_between_usage_world_and_subject_world
What is required in order for a court to exercise valid authority over a case?
A court must have proper jurisdiction. This consists of subject matter jurisdiction (where the court legal authority to hear the matter) and personal jurisdiction (where the court has proper contacts with the persons involved in the action).
