{"id":8899,"date":"2017-11-21T04:09:31","date_gmt":"2017-11-21T04:09:31","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=8899"},"modified":"2018-09-02T21:34:05","modified_gmt":"2018-09-02T21:34:05","slug":"subject-matter-jurisdiction","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=8899","title":{"rendered":"subject-matter jurisdiction – jurisdiction over the nature of the case (the material which is the subject of a lawsuit) and the type of relief sought"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page is also continued\u00a0from Intro<\/a>\u00a0>>>> Jurisdiction<\/a><\/span><\/strong><\/span>:<\/span><\/strong><\/p>\n

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subject matter<\/span>:<\/span>
\n<\/span><\/strong>(16C)<\/span><\/p>\n

1. The issue presented for consideration; the thing in which a right or duty has been asserted; the thing in dispute.<\/span><\/strong><\/span><\/p>\n

2. PATENTABLE SUBJECT MATTER. \u2014 Sometimes written (as \u2018a noun)<\/span> subject-matter<\/strong><\/em><\/span>:\u00a0\u00a0<\/span><\/span>See SUBJECT (2); CORPUS (1). –\u00a0subject-matte<\/span>r<\/strong><\/em>, adj<\/em>. [1]<\/span><\/p>\n

1. That which is the subject of a lawsuit, statute, contract,\u00a0<\/span>trust, etc. <\/span><\/strong>[2]<\/span><\/span><\/p>\n

subject-matter jurisdiction<\/span>:<\/span>
\n<\/span><\/strong>(1936)<\/span><\/p>\n

1. Jurisdiction<\/a> over the\u00a0nature\u00a0of the case and the type of relief\u00a0sought;\u00a0the extent to which\u00a0a\u00a0court can rule on the conduct of\u00a0persons or the status of things. <\/strong>\u2014 aka <\/span>jurisdiction of the subject matter<\/strong><\/em><\/span>; jurisdiction of the cause<\/span><\/strong><\/em>; jurisdiction over the action<\/span><\/strong><\/em>; jurisdiction ratione materiae<\/span><\/strong><\/em><\/span>. [1]<\/span><\/span><\/p>\n

\n

1. The<\/span> jurisdiction<\/a> of a court to hear and determine the type\u00a0<\/span><\/span>of case before it.\u00a0 EXAMPLE: the jurisdiction of a family court to try cases involv<\/span><\/strong>ing matters of family law.<\/strong> [2]<\/span><\/p>\n<\/div>\n

\u00a0 <\/span>\u00a0 Subject-matter jurisdiction\u00a0is the authority of a<\/span>\u00a0court<\/a>\u00a0to hear cases of a particular type or cases relating to a specific subject matter.\u00a0 For instance, bankruptcy court only has the authority to hear bankruptcy cases.<\/span><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Subject-matter jurisdiction must be distinguished from\u00a0<\/span>personal jurisdiction<\/a>, which is the power of a court to render a judgment against a particular defendant, and\u00a0<\/span>territorial jurisdiction<\/a>, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity.\u00a0<\/span><\/strong>[2] [3]<\/span><\/span><\/p>\n

Related Terms:<\/span><\/strong><\/p>\n

in rem jurisdiction<\/span><\/a> – a court\u2019s power to adjudicate the rights to a given piece of property (i.e. action to quiet title<\/a>; civil forfeiture) as opposed to the rights of a person.<\/span><\/span><\/strong><\/p>\n

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

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]:\u00a0Black\u2019s Law Dictionary\u00a0Deluxe Tenth Edition\u00a0by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/span><\/strong><\/p>\n

[2]:\u00a0\u00a0Ballantine\u2019s Law Dictionary\u00a0<\/a>Legal Assistant Edition<\/a><\/em>
\nby Jack Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Doctored<\/a>\u00a0<\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/strong><\/span><\/p>\n

[3]:\u00a0“Rhode Island vs. Massachusetts, 37 U.S. 657 (1838)”<\/a>.\u00a0Google Scholar. Google. Retrieved\u00a03 July2017.\u00a0(\u201cHowever late this objection has been made, or may be made in any cause, in an inferior or appellate court of the United States, it must be considered and decided, before any court can move one further step in the cause; as any movement is necessarily the exercise of jurisdiction. Jurisdiction is the power to hear and determine the subject matter in controversy between parties to a suit, to adjudicate or exercise any judicial power over them; the question is, whether on the case before a court, their action is judicial or extra-judicial; with or without the authority of law, to render a judgment or decree upon the rights of the litigant parties.\u201d)<\/span><\/strong><\/p>\n

[4]:\u00a0Joyce v. United States, 474 F.2d 215 (3d Cir.1973)”<\/a>.\u00a0Google Scholar. Google. Retrieved\u00a03 July\u00a02017.\u00a0(“Where there is no jurisdiction over the subject matter, there is, as well, no discretion to ignore that lack of jurisdiction.”)<\/span><\/strong><\/p>\n

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