{"id":5206,"date":"2017-08-15T22:24:09","date_gmt":"2017-08-15T22:24:09","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=5206"},"modified":"2023-04-16T15:57:46","modified_gmt":"2023-04-16T15:57:46","slug":"jurisdiction-related-definitions","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=5206","title":{"rendered":"D.) Which court has jurisdiction?"},"content":{"rendered":"

\u00a0\u00a0\u00a0 This page is continued from Civil Law Self-Help<\/a> >>>> Assess Your Case<\/a> >>>>\u00a0 Who caused the injury?<\/a>: <\/strong><\/p>\n

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\u00a0 \u00a0 \u00a0Excerpt from Represent Yourself in Court; How to Prepare & Try a Winning Cas<\/em>e<\/a> (7th ed.) by by Paul Bergman and Sara J. Berman (NOLO):<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0“The U.S. and state constitutions, as well as federal and state laws, establish and limit courts’ “jurisdiction.”\u00a0 Jurisdiction simply means the power to hear and decide a case.\u00a0 To make a legally valid decision, a court must have both “subject matter jurisdiction (power to hear the kind f case a lawsuit involves) and “personal jurisdiction” (power over the parties involved in the lawsuit).<\/span><\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0This is important because in addition to filing a case on time, a plaintiff has to file in the proper court.\u00a0 If you mistakenly file a case in the wrong court, a defendant may get the case moved<\/a> (perhaps to a court that’s less convenient or favorable to you than if you had chosen the proper court), or even get the case dismissed <\/b><\/span>altogether<\/b><\/span><\/span>\u00a0by filing a Motion to Dismiss for Lack of Jurisdiction<\/a><\/strong>.\u00a0 If your case is dismissed for lack of jurisdiction, you may be able to refile the lawsuit in the proper court.\u00a0 But if the statute of limitations<\/a> runs out before you can do this, your mistake in selecting a court may mean that the defendant can have your lawsuit thrown out permanently….<\/b><\/span><\/span><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Be aware that… that jurisdiction issues can occasionally become extremely complex when they involve such fundamental questions as <\/b><\/span>whether<\/b><\/span><\/span>\u00a0a case should be heard in federal or state court or whether a state has the power to require residents or businesses from a different state to appear in its courts.<\/b><\/span>”\u00a0<\/span>[1]<\/p>\n

\u00a0 \u00a0 \u00a0Additional information may be found below:<\/span><\/strong><\/span><\/p>\n

Definitions:<\/span><\/strong><\/p>\n

jurisdiction<\/span>:<\/span>
\n<\/strong><\/span>n<\/em>.\u00a0(14c)<\/span><\/p>\n

l. A government\u2019s general power to exercise authority over all persons and things within its territory; especially, a state\u2019s power to create interests that will be recognized under common-law principles as valid\u00a0in other states<\/strong> <New Jersey\u2019s jurisdiction>.<\/span><\/p>\n

2. A court\u2019s power to decide a case or issue a decree<\/strong> <the constitutional grant of federal-question jurisdiction>. \u2014 aka (in Sense 2)<\/span>\u00a0competent jurisdiction<\/em><\/span><\/strong>;\u00a0(in both senses)<\/span> c<\/strong>oram judice<\/strong><\/span><\/em>; adjudicatory jurisdiction<\/em><\/strong><\/span>. <\/b>[2]<\/span><\/span><\/p>\n

\u00a0 \u00a0 The following excerpt from<\/span> James Fleming, Jr,Geoffrey C.\u00a0<\/a>Hazard Jr., & John Leubsdorf’s<\/a> Civil Procedure<\/a>:<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0\u201cRules of jurisdiction\u00a0in a\u00a0sense speak from a position outside the court system and prescribe the authority of the courts within the system. \u00a0They are to a large extent constitutional rules. \u00a0The provisions of the U.S. Constitution specify the outer limits of the subject-matter jurisdiction of the federal courts and authorize Congress, within those limits, to establish by statute the organization and jurisdiction of the federal courts<\/a>.\u00a0 Thus, Article III of the Constitution defines the judicial power of the United States to include cases arising under federal law<\/a> and cases between parties of diverse state citizenship as well as other categories. \u00a0The U.S. Constitution, particularly the Due Process Clause<\/a>, also establishes limits on the jurisdiction of the\u00a0state courts<\/a>. \u00a0These due process limitations traditionally operate in two areas: jurisdiction of the subject matter and jurisdiction over persons (see personal jurisdiction<\/a>). \u00a0Within each state, the court system is established by state constitutional provisions or by a combination of such provisions and implementing legislation, which together define the authority of the various courts within the system<\/a>.<\/span>\u201d\u00a0<\/strong>[3]<\/span><\/p>\n

jurisdiction<\/span>:<\/span><\/span><\/strong>
\n(third definition)<\/span><\/p>\n

3. A geographic area within which political or judicial authority may be exercised<\/strong> <the accused fled to another jurisdiction>.<\/strong><\/span><\/p>\n

4. A political or judicial subdivision within such an area<\/strong> <other jurisdictions have decided the issue differently>.<\/strong> Cf. VENUE (1), (2). – jurisdictional<\/strong> <\/span><\/em>–\u00a0adj<\/em>. [2]<\/span><\/p>\n

Various Forms of Jurisdiction:<\/span><\/span><\/strong><\/p>\n

\u00a0 \u00a0 To decide a case, a court must have a combination of subject (subjectam) and either personal (personam) or territorial (locum) jurisdiction.<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 Subject-matter jurisdiction, personal or territorial jurisdiction, and adequate<\/span>\u00a0notice<\/a>\u00a0are the three most fundamental constitutional requirements for a valid judgment.<\/span><\/strong> [3]<\/span><\/span><\/p>\n

Make sure the court has<\/span><\/strong>
\nPersonal, Subject-Matter,
\nand<\/em> Territorial Jurisdiction<\/span><\/strong><\/span>
\nover the type of case you’re pursuing:<\/span><\/strong><\/p>\n

personal jurisdiction<\/span><\/a> – a court’s power to bring a person into its adjudicative process; jurisdiction over a defendant\u2019s personal rights rather than merely over property interests.<\/strong>\u2014 aka<\/span> in personam jurisdiction<\/strong><\/em><\/span>; jurisdiction in personam<\/strong><\/em><\/span>; jurisdiction of the person<\/strong><\/em><\/span>; jurisdiction over the person<\/span><\/strong><\/em>; jurisdiction ratione personae<\/span><\/strong><\/em>.\u00a0\u00a0<\/span><\/span>The term “person” may refer to\u00a0<\/b>a\u00a0<\/b>natural person\u00a0<\/em>or\u00a0<\/em><\/b>artificial<\/b><\/span>\u00a0person:<\/b><\/span><\/span><\/p>\n