Where results make sense

About us   |   Why use us?   |   Reviews   |   PR   |   Contact us

Topic: Subject-matter jurisdiction

    Note: these results are not from the primary (high quality) database.

Ads by Google

In the News (Tue 22 Dec 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

F.G. "Buddy" VILLINES, Pulaski County Judge, et al. v. Linda... Where subject-matter jurisdiction is concurrent, the issue is one of propriety, not one of subject-matter jurisdiction, and unless the propriety of filing the action is raised by the parties, we will not consider it. Further, subject-matter jurisdiction is given to a particular court by the Arkansas Constitution. -- Where subject-matter jurisdiction was in circuit court rather than county court, the supreme court did not dismiss the case but, instead, remanded the matter to the chancery court with directions to transfer the case to circuit court. courts.state.ar.us /opinions/old/94-1244A.html

Appellate Law & Practice: CA1: Lanham extraterritorial jurisdiction analysis The court notes that comity analysis is party of subject matter jurisdiction (hint, hint, DC Circuit), and that “Comity considerations, including potential conflicts with foreign trademark law, are properly treated as questions of whether a court should, in its discretion, decline to exercise subject matter jurisdiction that it already possesses.” Further, when the Lanham Act plaintiff seeks to enjoin sales in the United States, there is no question of extraterritorial application; the court has subject matter jurisdiction.” Delica, No. 04-2733, analysis “as a matter of first impression for this circuit, to lay out a framework for determining when such extraterritorial use of the Lanham Act is proper.” The First rejects the approaches used by other circuits. appellate.typepad.com /appellate/2005/08/ca1_lanham_extr.html   (317 words)

outline.htm As is the case for personal jurisdiction, subject matter jurisdiction is necessary for a court to act in a valid manner; courts that do not have subject matter jurisdiction over the particular dispute brought to it must dismiss such claims when they are presented before it. Subject matter jurisdiction Courts are not only restricted in terms of the persons over whom they can exercise power, they may be restricted in terms of the kinds of disputes that they can adjudicate. Personal jurisdiction Personal jurisdiction refers to the Place4 court's ability to exercise dominion over the parties to this lawsuit so that it can compel their obedience to its judgment in the case. www.temple.edu /lawschool/dpost/outline.htm   (2334 words)

NETBAREXAMS.COM BAR EXAM REVIEW - MINI TRIAL Diversity jurisdiction arises when the federal court has subject matter jurisdiction over diversity cases to protect nonresident parties from local bias in state courts. Subject matter jurisdiction is the power of a court to adjudicate an action. Subject matter jurisdiction is the power over a case and is limited to what is authorized under the constitution, federal statute and case law. www.netbarexams.com /preview.htm   (2334 words)

Machal.html Lack of subject matter jurisdiction may be found in any one of three instances: (1) the complaint alone; (2) the complaint supplemented by undisputed facts evidenced in the record; or (3) the complaint supplemented by undisputed facts plus the court's resolution of disputed facts. Furthermore, the court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 to determine the validity of the settlement agreements because it is pursuant to federal law that Plaintiff asserts their invalidity. The court, therefore, does not have jurisdiction to question a Louisiana state court's determination that it possesses subject matter jurisdiction over a controversy, regardless of whether this court agrees with that determination. www.narf.org /nill/bulletins/dct/archives/unreported/Machal.html   (2334 words)

Diversity Jurisdiction Encyclopedia Article, Information, History and Biography @ AlienArtifacts.com Diversity jurisdiction is a term used in civil procedure to refer to the situation in which a United States district court has subject matter jurisdiction to hear a civil case because the parties are "diverse," meaning that they come from different states. For example, if the dispute is solely over the breach of a contract by which the defendant had agreed to pay the plaintiff $10,000, a federal court will dismiss the case for lack of subject matter jurisdiction, or remand the case to state court if it arrived via the removal process. In order for diversity jurisdiction to apply, none of the plaintiffs in a case can be from the same state as any of the defendants (complete diversity). www.alienartifacts.com /encyclopedia/Diversity_jurisdiction   (847 words)

Jurisdiction - Wikipedia, the free encyclopedia A court whose subject-matter jurisdiction is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction. As a common law system, jurisdiction is conceptually divided between jurisdiction over the subject matter of a case and jurisdiction over the person of the litigants. In law, jurisdiction from the Latin jus, juris meaning "law" and dicere meaning "to speak", is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. en.wikipedia.org /wiki/Jurisdiction   (2453 words)

Herrick Co. v. SCS Communications, Inc. Second, the district court's mistake in retaining jurisdiction over the settlement cannot be isolated from the remainder of the lawsuit, precisely because that jurisdiction depends on the district court's mistaken assertion of subject matter jurisdiction (of authority) over the settled dispute. Because we find an absence of federal subject matter jurisdiction over the lawsuit as presently constituted and because, as an appellate court, we cannot determine whether the defect in jurisdiction may be cured, we do not reach the merits of the parties' substantive contentions. As a result, where the facts necessary to the establishment of diversity jurisdiction are subsequently determined to have obtained all along, a federal court may simply allow a complaint to be amended to assert those necessary facts and then treat diversity jurisdiction as having existed from the beginning. www.tourolaw.edu /2ndCircuit/May01/99-7976.html   (2453 words)

Dwyer & Collora, LLP General jurisdiction subjects a defendant to the authority of the court regardless of whether the subject matter of the dispute has any connection to the forum state. Subject matter jurisdiction is the authority of a federal court to hear a particular dispute. Jurisdiction – the power of a court over a defendant or a claim – traditionally has been defined by geographic boundaries, and yet a quick scan of today’s headlines reveals that cyberspace knows no borders. www.dwyercollora.com /article.cfm?cmf_id=392   (4762 words)

Press Room - Article Details Furthermore, subject matter jurisdiction is never waived and may be raised at any time by either party, or the court, even if raised for the first time on appeal. Federal courts are presumptively without jurisdiction over civil actions and the burden of establishing subject matter jurisdiction is on the party asserting it. Federal courts are courts of limited jurisdiction and can only adjudicate cases that the US Constitution and Congress authorize them to adjudicate. www.hewm.com /use/martiniak.asp   (4762 words)

Government Employees Insurance Co. v. Dizol The en banc court concluded that the district court's subject matter jurisdiction was not affected by the dismissal of the federal claim. We conclude that once subject matter jurisdiction exists, the district court may proceed with a declaratory relief action without sua sponte raising the issue of whether it should be entertained. In summary, we hold that when constitutional and statutory jurisdictional prerequisites to hear a case brought pursuant to the Declaratory Judgment Act have been satisfied, the district court may proceed with consideration of the action without sua sponte addressing whether jurisdiction should be declined. lw.bna.com /lw/19980127/9517393.htm   (4762 words)

Texas Judicial Immunity (2003) For judicial immunity purposes, “jurisdiction”  may encompass concepts of “plenary power”  as well as the question of whether a particular person has authority to act as judge, whether a case exists, whether a court’s jurisdiction has been activated, and whether a court has subject matter jurisdiction, although only the word “jurisdiction”  is used. Issues:  Is the jurisdictional requirement for immunity satisfied if a court has subject matter jurisdiction but the judge does not have authority or “jurisdiction” to preside over the court at the time of the act, and the act is therefore void? There is jurisdiction over the court and the case. www.youknowitall.com /53TXJI/53TXJudgeImmunity.htm   (4762 words)

Internet Personal Jurisdiction Personal jurisdiction is the power of a court to decide a matter in controversy and the control by that court over the subject matter and the parties involved. Personal jurisdiction generally is limited to the receiving end of a phone call, as the caller should know where he is calling, but the receiver cannot tell where the call is coming from. To determine the constitutionality of exercising personal jurisdiction over Granite Gate, the Humphrey court employed a five factor analysis (quantity of contacts, nature and quality of contacts, relationship between the contacts and the cause of action, interest of the state, and convenience of the parties). gsulaw.gsu.edu /lawand/papers/fa99/west   (2465 words)

FindLaw: U.S. Constitution: Article III: Annotations pg. 20 of 25 Unlike its original jurisdiction, the appellate jurisdiction of the Supreme Court is subject to ''exceptions and regulations'' prescribed by Congress, and the jurisdiction of the inferior federal courts is subject to congressional prescription. While some district courts sustained the Act on the basis of the withdrawal of jurisdiction, this action was disapproved by the Courts of Appeals which indicated that the withdrawal of jurisdiction would be ineffective if the extinguishment of the claims as a substantive matter was invalid. Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause.'' 1069 Although McCardle grew out of the stresses of Reconstruction, the principle there applied has been similarly affirmed and applied in later cases. caselaw.lp.findlaw.com /data/constitution/article03/20.html   (2465 words)

Jurisdiction - Wikipedia, the free encyclopedia A court whose subject-matter jurisdiction is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction. In law, jurisdiction from the Latin jus, juris meaning "law" and dicere meaning "to speak", is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. Although the Hague Conference and other international bodies have made consistently useful recommendations on jurisdictional matters, litigants with the encouragement of lawyers now more commonly operating on a contingent fee continue to exploit the system to their advantage, always seeking remedies in courts where the outcome is more likely to be favorable. en.wikipedia.org /wiki/Jurisdiction   (2453 words)

Jurisdiction - Wex Subject matter jurisdiction is the court's authority to decide the issue in controversy such as a contracts issue, or a civil rights issue. Any court possesses jurisdiction over matters only to the extent granted to it by the Constitution, or legislation of the sovereignty on behalf of which it functions. State court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fourteenth Amendment (http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html) and the federal court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fifth Amendment (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv). www.law.cornell.edu /topics/jurisdiction.html   (403 words)

Personal Jurisdiction Jurisdiction is of two types: Subject matter jurisdiction and jurisdiction over the parties. Jurisdiction may be challenged in a FRCP 12(b) motion or included as a defense in the answer. Jurisdiction over the parties (personal jurisdiction) relates to the question of whether someone from another state, Alaska, New York, or Nevada can be forced to come to the state where the lawsuit was filed (the "forum state") e.g. www.west.net /~smith/jurisdiction.htm   (1987 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. "Jurisdiction of the subject-matter is the power to deal with the general abstract question, to hear the particular facts in any [*744] case relating to this question, and to determine whether or not they are sufficient to invoke the exercise of that power." Melton v. "'"Jurisdiction of the subject-matter does not mean simply jurisdiction of the particular case then occupying the attention of the court but jurisdiction of the class of cases to which that particular case belongs. law.gsu.edu /elanier/spring99/law7236/infobase/new_module1.html   (15982 words)

Discretionary jurisdiction - Wikipedia, the free encyclopedia Most courts have no such power, and must entertain any case properly filed, so long as the court has subject matter jurisdiction over the questions of law which must be decided, and in personam jurisdiction over the parties to the case. Discretionary jurisdiction is a legal term used to describe a circumstance where a court has the power to decide whether to hear a particular case brought before it. Typically, the highest court in a state or country will have discretionary jurisdiction. en.wikipedia.org /wiki/Discretionary_jurisdiction   (15982 words)

"Jurisdiction" Defined & Explained Jurisdiction is also civil where the subject-matter to be tried is not of a criminal nature; or criminal where the court is to punish crimes. Jurisdiction is original when it is conferred on the court in the first instance, called original jurisdiction; or it is appellate, which is when an appeal is given from the judgment of another court. assistant jurisdiction is that which is afforded by a court of chancery, in aid of a court of law; as for example, by a bill of discovery, by the examination of witnesses de bene esse or out of the jurisdiction of the court; by the perpetuation of the testimony of witnesses and the like. www.lectlaw.com /def/j013.htm   (1257 words)

GRUPO DATAFLUX, PETITIONER v. ATLAS GLOBAL GROUP, L. P It measures all challenges to subject-matter jurisdiction premised upon diversity of citizenship against the state of facts that existed at the time of filing--whether the challenge be brought shortly after filing, after the trial, or even for the first time on appeal. The jurisdictional error in the present case not having been identified until after the jury returned its verdict; and the postfiling change in the composition of the partnership having (in the Court's view) cured the jurisdictional defect; the Court reversed and remanded with instructions to the District Court to enter judgment in favor of Atlas. It acknowledged the general rule that, for purposes of determining the existence of diversity jurisdiction, the citizenship of the parties is to be determined with reference to the facts as they existed at the time of filing. www.geocities.com /djbj597933/case33.htm   (1257 words)

Subject Matter Jurisdiction 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. 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. 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   (1257 words)

E-Commerce Law Jurisdiction over subject matter -  Courts of general jurisdiction are somewhat unrestricted in the types of cases they can hear, while courts of limited jurisdiction  are restricted to specific issues: Original and Appellate jurisdiction - Cases are first brought to the trial courts, then if rulings are appealed to the appellate courts. The appellate court ruled that the Ohio federal district court did have jurisdiction. unicoi.kennesaw.edu /~mking/is8070/chapter2.htm   (1475 words)

72958-1 - Daniel L. Dougherty V Department of Labor and Industries File Date: 09/25/2003 Oral Argument Date: 05/15/2003 Similarly, where the statutes involved require an appeal to be filed in a certain court, that court alone has jurisdiction to entertain the appeal, and the subject matter jurisdiction may not be waived or agreed upon. The act declares that 'all jurisdiction of the courts of the state over such causes are hereby abolished, except as in this title provided.' Id. Under the act, the appellate jurisdiction of the superior courts may be invoked by complying with RCW 51.52.110. {W}hile courts have no inherent appellate jurisdiction over official acts of administrative agencies, where the legislature has made a statutory provision for judicial review that procedure is controlling, and, a statutory right to appeal may be taken advantage of only by strict compliance with the provisions by which it is created. www.mrsc.org /mc/courts/slip/supreme/729581DI1.htm   (1385 words)

Personal Jurisdiction Jurisdiction is of two types: Subject matter jurisdiction and jurisdiction over the parties. Jurisdiction may be challenged in a FRCP 12(b) motion or included as a defense in the answer. In personam, (or personal jurisdiction) is the power of a court to adjudicate the personal legal rights of parties properly brought before it. www.west.net /~smith/jurisdiction.htm   (1987 words)

Michigan Appellate Digest - 108729 Pierson Sand & Gravel, Inc v Keeler Brass Co The federal claim must be sufficiently substantial to confer subject matter jurisdiction on the court, and the state and federal claims must derive from common facts such that the plaintiff would ordinarily be expected to try them in one proceeding. Federal pendent jurisdiction over a state claim exists when there is a federal claim and the relationship between the federal claim and the state claim is such that the entire action comprises a single case. Pendent jurisdiction of a federal court need not be exercised in every case, but is discretionary. courtofappeals.mijud.net /Digest/newHTML/10872911.htm   (1987 words)

Subject Matter Jurisdiction 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   (1987 words)

Try your search on: Qwika (all wikis)

About us   |   Why use us?   |   Reviews   |   Press   |   Contact us   Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.