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Topic: Subject matter jurisdiction

	Subject Matter Jurisdiction @ lawschoolhelp.com
		Subject matter jurisdiction (as opposed to personal jurisdiction) refers to the question of whether a particular court has the power or competence to decide the kind of controversy that is involved.
		In diversity cases the subject matter jurisdiction of the federal courts is defined by who the parties to the lawsuit are rather than the subject matter of the underlying dispute.
		Ancillary jurisdiction allows a federal court to assert jurisdiction over claims that are sufficiently related or subordinated to an action properly within the court's subject matter jurisdiction.
	www.west.net /~smith/smjuris.htm (1659 words)

	Subject-matter jurisdiction - Wikipedia, the free encyclopedia
		Subject matter jurisdiction, in civil procedure, is a legal term that signifies the types of claims or disputes over which a particular court has jurisdiction, or the power to render a decision.
		Subject matter jurisdiction is broadly developed in the United States federal courts, which derive their jurisdiction exclusively from the U.S. Constitution.
		According to the Federal Rules of Civil Procedure, a federal court may dismiss a case for lack of subject matter jurisdiction upon motion of a party or sua sponte, upon its own initiative.
	en.wikipedia.org /wiki/Subject_matter_jurisdiction (244 words)

	Encyclopedia :: encyclopedia : Personal jurisdiction (Site not responding. Last check: 2007-10-14)
		Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court.
		In general, to be subject to personal jurisdiction, a defendant that was not personally served with process within the state must have a sufficient level of personal or business contacts with the state in which the court sits that the defendant could reasonbly expect to be sued there.
		Normally, the personal jurisdiction of a United States District Court is concurrent with the personal jurisdiction of the courts of the state in which it sits.
	www.hallencyclopedia.com /Personal_jurisdiction (584 words)

	Nelson & Booth ! Jurisdiction in Domestic Relations Cases
		Subject matter jurisdiction relates to the power of the court itself to hear the “subject” of a case, regardless whether the parties appearing before it desire that court to decide the case.
		Subject matter jurisdiction, therefore, constitutes a determination of whether the particular court in which a matter is filed has the power to hear and decide the matter, rather than a measurement of the extent to which the court can exercise the power available to it.
		Personal jurisdiction may be obtained either by service of the lawsuit within the boundaries of the state in which the suit has been filed or service of the lawsuit in accordance with the “long-arm statute” of the state in which the action is filed.
	www.kansas-divorce.com /jurisdiction.htm (1715 words)

	[No title]
		Subject matter jurisdiction alone cannot be waived or conferred on the court by agreement of the parties.
		It presupposes potential jurisdiction; it is the ability of a court to exercise its general subject matter jurisdiction in a particular cause between the parties before the court.
		Active jurisdiction is a matter giving the defendant notice that his rights are going to be adjudicated so that he may appear in court and present his defenses.
	www.courts.state.va.us /txtops/2325984.txt (2471 words)

	Civil Procedure Capsule Summary - Chapter 4
		Subject matter jurisdiction refers to a court’s authority to decide a particular kind of controversy.
		Article III vests the Supreme Court with original jurisdiction of cases affecting ambassadors and other foreign officials and those to which a state is a party, and such appellate jurisdiction as Congress may create.
		Jurisdictional amount is ordinarily computed from the plaintiff’s viewpoint without regard to possible defenses, and plaintiff’s good faith pleading controls unless the court concludes to “a legal certainty” that he cannot recover the pleaded amount.
	www.lexisnexis.com /lawschool/study/outlines/html/civpro/civpro04.htm (1599 words)

	Ca011189
		Subject-matter jurisdiction is the power to hear and determine the subject matter in controversy between the parties to the suit.
		Jurisdiction of the subject matter is power lawfully conferred on a court to adjudicate matters concerning the general question in controversy.
		Subject matter jurisdiction does not depend on a correct exercise of that power in any particular case.
	courts.state.ar.us /opinions/2003a/20030205/ca011189.html (4878 words)

	[No title]
		The lack of subject matter jurisdiction is considered critical and the issue may be raised at any stage of the trial, even on appeal.* [It may not be waived].
		The ex-wife appealed, moving to vacate the judgment, asserting that the ct was w/out subject matter jurisdiction to entertain a divorce action (a substantive issue of law), as the husband had not been a NY resident for a full yr prior to commencement of orig.
		Then the Ct considered whether, as a matter of federal d.p., the business done in Ohi by the respondent was sufficiently substantial and of such a nature as to permit Ohio to entertain a c/a against a foreign action where the c/a arose from activities entirely distinct from its activities in Ohio.
	www.law.uga.edu /wlsa/outlines/civpro/CivProFa.doc (16898 words)

	IN THE UNITED STATES COURT OF APPEALS
		He states that, when contacted, he asked that the issue be handled by conference call with both parties present or, if that was not acceptable, that the meeting with the judge be scheduled at a time acceptable to appellant.
		The better practice -- especially without the consent of all parties -- is to deal with such matters formally, by pleading or on the record, with all parties present or having been given a reasonable opportunity to be present.
		The jurisdiction possessed by the District Courts is strictly original.
	www.amatterofjustice.org /amoj/cases/jrexhibitb.htm (7645 words)

	Hawley v. Murphy
		A judgment that is issued by a court that does not have subject matter jurisdiction to issue it is void.
		Thus, an initial failure to challenge the subject matter jurisdiction of the court that issued the order does not preclude a party from raising the issue at a later time.
		See id. Here, the record does not indicate that the subject matter jurisdiction of the Connecticut court to impose a lien on Maine property was challenged at the time of the issuance of the divorce judgment.
	www.courts.state.me.us /opinions/documents/99me127h.htm (2359 words)

	Money & Careers
		Be aware, however, that jurisdiction issues can occasionally become extremely complex when they involve such fundamental questions as whether a case should be heard in federal or state court or whether a state may require residents or businesses of a different state to appear in its courts.
		Federal district courts also have subject matter jurisdiction if you are suing a citizen of a different state (or a foreign national), and you are asking for at least $75,000 in money damages.
		For diversity jurisdiction purposes, individuals can be a citizen of only one state at a time, and are generally citizens of the state in which they maintain a principal residence.
	www.planetout.com /money/article.html?sernum=740 (1587 words)

	Subject Matter Jurisdiction
		The fundamental function of the law of subject matter jurisdiction of court is, of course, to define the authority vested in judicial bodies and to delineate the authority which may be exercised by a certain class of courts or, alternatively, a single court within a defined class.
		The differing subject matters of courts reflects the great variety of alternative criteria which could be used to refine the division of judicial powers among a series of separate and distinct tribunals.
		Subject matter jurisdiction may not be waived by the parties or the court.
	law.gsu.edu /elanier/spring99/law7236/infobase/new_module1.html (15982 words)

	Project DIANA : Kadic v. Karadzic: Opinion of 2nd Circuit re: Subject Matter Jurisdiction
		For reasons set forth below, we hold that subject matter jurisdiction exists, that Karadzic may be found liable for genocide, war crimes, and crimes against humanity in his private capacity and for other violations in his capacity as a state actor, and that he is not immune from service of process.
		Thus, it is not a sufficient basis for jurisdiction to plead merely a colorable violation of the law of nations.
		A state has jurisdiction to define and prescribe punishment for certain offenses recognized by the community of nations as of universal concern, such as piracy, slave trade, attacks on or hijacking of aircraft, genocide, war crimes, and perhaps certain acts of terrorism, even where [no other basis of jurisdiction] is present.
	www.yale.edu /lawweb/avalon/diana/karadzic/4298-12.html (7421 words)

	Subject-Matter Jurisdiction
		While in a court of general jurisdiction, there is a presumption that the judge has subject-matter jurisdiction, such is not the case in courts of limited jurisdiction.
		In a court of limited jurisdiction, whenever a party denies that the court has subject-matter jurisdiction, it becomes the duty and the burden of the party claiming that the court has subject-matter jurisdiction to provide evidence from the record of the case that the court holds subject-matter jurisdiction.
		If subject-matter jurisdiction is denied, it must be proved by the party claiming that the court has subject-matter jurisdiction as to all of the requisite elements of subject-matter jurisdiction.
	www.clr.org /smj.html (2757 words)

	Legal Definition of Subject-Matter Jurisdiction
		The authority of a court to decide a particular type of case is called subject- matter jurisdictionand is is set by the federal or state Constitution, or by state statutes.
		In order for a court to have subject-matter jurisdiction over a divorce action, at least one spouse must have lived in the county where the court is located for a certain period of time.
		It is a fatal objection to the jurisdiction of the court when it has not cognizance of the subject-matter of the action; as, if a cause exclusively of admiralty jurisdiction were brought in a court of common law, or a criminal proceeding in a court having jurisdiction of civil cases only.
	www.lectlaw.com /def2/s188.htm (317 words)

	Jurisdiction in Child Custody Determinations
		The statute that permits the court to adjudicate custody matters is the Uniform Child Custody Jurisdiction Act, 750 ILCS 35/1, et.
		There are other ways that a court may acquire subject matter jurisdiction that are listed in that section, if the six-month residency in Illinois does not exist.
		Personal jurisdiction is achieved in the ways specified in the Illinois Code of Civil Procedure, 735 ILCS 5/2-203, 208 and 209.
	www.illinois-family-lawyer.com /CM/Articles/Articles15.asp (1802 words)

	Subject matter jurisdiction
		The subject, or matter presented for consideration; the thing in dispute; the right which one party claims as against the other, as the right to divorce; of ejectment; to recover money; to have foreclosure.
		Subject matter jurisdiction is very fragile, and can be lost at any time, if the rights of the parties are violated.
		It seems that she was completely bamboozled into entering a plea when they did not establish subject matter jurisdiction prior to the fact.
	www.jeffotto.com /sw/faq_jurisdiction.htm (1272 words)

	Subject Matter Jurisdiction: Should I File in Federal or State Court? (Site not responding. Last check: 2007-10-14)
		Jurisdiction simply means a court's power to hear and decide a case.
		To make a legally valid decision, a court must have both subject matter jurisdiction (power to hear the kind of case a lawsuit involves) and personal jurisdiction (power over the parties involved in the lawsuit).
		Dismissal for lack of jurisdiction may be only an inconvenience if you have time to refile the lawsuit in the proper court.
	www.nolo.com /article.cfm/ObjectID/7DEE0F2D-6584-4A96-907F56372D05C901/catID/8F965511-320B-429E-AFF92326E148C549/104/308/214/ART (309 words)

	Washington Probate Adjudication Proceeding - Subject Matter Jurisdiction
		Subject matter jurisdiction is absolute, meaning that if the Court doesn't have subject matter jurisdiction, it can't hear the case.
		RCW 11.96A.040 provides that Washington Superior Courts have what is known as "subject matter jurisdiction" (ie, legal authority to hear and decide cases) over the probate of Wills and administration of Decedent's estates regarding:
		Bottom-line: As long as the Decedent died a resident of Washington or within Washington, a Washington Superior Court will have subject matter jurisdiction over your case.
	www.wa-probate.com /Adjudication-Proceeding/Subject-Matter-Jurisdiction.htm (145 words)

	liibulletin: Arbaugh v. Y & H Corp.
		Title VII defendant is a jurisdictional matter or one going to the merits of the case to be decided by the trier of fact.
		Arbaugh sued Y and H in November 2001 in Federal district court, claiming that Y and H subjected her to a “sexually hostile environment” during the time she was employed.
		Title VII claim is to be determined by the court as a jurisdictional question at the outset of the case, or whether it is to be determined at trial.
	www.law.cornell.edu /supct/cert/04-944.html (2643 words)

	Stanford Copyright & Fair Use - Subject Matter and Scope of Copyright
		(a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.
		Such violation shall not be a criminal offense under section 506 or cause such person to be subject to the criminal penalties set forth in section 2319 of title 18.
		A “network station” is a television broadcast station that is owned or operated by, or affiliated with, one or more of the television networks in the United States providing nationwide transmissions, and that transmits a substantial part of the programming supplied by such networks for a substantial part of that station's typical broadcast day.
	fairuse.stanford.edu /primary_materials/codes/92chap1.html (10613 words)

	Civil Procedure, Prof. Pedro A. Malavet, Exercise Answers & Graphics
		Crust's claims against Bell exceed the jurisdictional amount, they can be the anchor claims, if they do not, then you have to back to Bell's claims against Crust as the anchor.
		Section 1331 and 1332 would be available as sources of subject-matter jurisdiction for the federal claims and the state law claims, respectively.
		Crust, the defendant, is a foreign citizen, the only change is that the case goes from being one with 1332(a)(1) diversity subject-matter jurisdiction, to being one with 1332(a)(2) alienage subject-matter jurisdiction.
	lic.law.ufl.edu /~malavet/civpro/subjectm.htm (3243 words)

	Suing in Maryland Court System,Where to File Suit,Change of Venue in Maryland
		In such cases, we say that the parties are of "diverse citizenship" and that the amount in controversy exceeds the requisite "jurisdictional amount." If both requirements are met, plaintiffs have the choice of suing in either federal or state court because there is concurrent jurisdiction over these cases.
		Beyond subject matter jurisdiction, whether suit is filed in the state or federal system, all courts must have power over the person being sued, or "personal jurisdiction." In general, a person is subject to the power of all courts sitting in the states in which they live or have substantial contact.
		Once we have identified a court with (1) subject matter jurisdiction; (2) personal jurisdiction; and (3) one that is the proper venue, we may proceed to file suit in the next step of the litigation phase.
	www.kramerslaw.com /step1.htm (2406 words)

	Antitrust Law Blog: COURT DISMISSES AMD'S "FOREIGN COMMERCE CLAIMS" AGAINST INTEL FOR LACK OF SUBJECT MATTER ...
		In this regard, the Court noted that these cases were decided before the enactment of the FTAIA, the purpose of which was to strip the jurisdiction of federal courts over certain foreign commerce claims under the antitrust laws.
		Finally, in addition to holding that it lacked subject matter jurisdiction over AMD's "foreign commerce claims," the court also alternatively held that AMD lacked standing to assert such claims under the Sherman Act.
		The opinions expressed at or through the blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
	www.antitrustlawblog.com /article-court-dismisses-amds-foreign-commerce-claims-against-intel-for-lack-of-subject-matter-jurisdiction-and-standing.html (1419 words)

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