What is the difference between subject matter jurisdiction and personal jurisdiction?

What is the difference between subject matter jurisdiction and personal jurisdiction?

Subject matter jurisdiction refers to whether a court can hear a case on a particular subject and is usually pretty clear. Personal jurisdiction, on the other hand, refers to whether a court has power over the person being sued and can be difficult to determine.

Can you sue the state you live in?

State Immunity: The Eleventh Amendment. The Eleventh Amendment limits private actions brought against states in federal court. A state may not be sued in federal court by its own citizen or a citizen of another state, unless the state consents to jurisdiction.

What two requirements must be satisfied in order for a court to exert personal jurisdiction over a defendant?

Intro: In order for a court to have personal jurisdiction over a defendant it must have a statutory basis for its power, and the exercise of its power must comply with due process (14th Amendment for states, 5th Amendment for federal government).

Does a court need both subject matter jurisdiction and personal jurisdiction?

In order for a court to make a binding judgment on a case, it must have both subject matter jurisdiction (the power to hear the type of case) as well as personal jurisdiction (the power over the parties to the case).

Why can subject matter jurisdiction never be waived by the defendant?

Unlike personal jurisdiction, which the court can obtain upon a party’s consent or failure to object, lack of subject matter jurisdiction is never waivable; either the court has it, or it cannot assert it. Agreements between the parties to confer subject matter jurisdiction upon a particular court are invalid.

Which of the following must a court have to exercise jurisdiction over a matter?

A federal court can exercise jurisdiction if a case involves: a treaty, the U.S. Constitution, or a federal law.

What kind of jurisdiction gives a court the power to review cases that have already been decided by another court?

When one or more courts (federal and/or state) have subject matter jurisdiction over the same dispute, these courts are said to have concurrent jurisdiction. When a case may be tried only in a certain court (state or federal), the court is said to have exclusive jurisdiction. Jurisdiction of Federal Courts.

What types of jurisdiction are needed for a court to have authority to adjudicate a case?

For a court to have authority to adjudicate a dispute, it must have jurisdiction over the parties and over the type of legal issues in dispute. The first type of jurisdiction is called PERSONAL JURISDICTION; the other is subject matter jurisdiction.

Which of the following is not in the jurisdiction of a state court?

Jurisdiction of State and Federal Courts The only cases state courts are not allowed to hear are lawsuits against the United States and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime cases.

Does a court have jurisdiction?

Within the state and federal courts systems, there are a number of different courts. Each court has a particular ‘jurisdiction’, which is the scope of a court’s authority to decide matters. The term comes from Latin: ‘juris’ – the law and ‘dictio’ – to say or declare.

What are the different types of jurisdiction a court must have before it can render a binding decision in a case?

In order to render a binding decision in a civil case, a court must have subject matter jurisdiction and in personal jurisdiction (in rem jurisdiction).

What factors determine a court’s jurisdiction?

A magistrate court has jurisdiction over a town or city while the United States Supreme Court has jurisdiction over the entire country; A court’s authority to rule on the questions of law at issue in a dispute, typically determined by geographic location and/or type of case.

What does it mean if a court has in personam jurisdiction?

It means a state can have jurisdiction over a person’s interest in personal property if that property is within its borders. If action is taken against the property, and the person doesn’t want to appear in court, then the court can take control of the property.