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Jurisdiction and Venue Basics
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Subject-Matter Jurisdiction
The authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For example, bankruptcy court has the jurisdiction to hear bankruptcy cases.
Personal Jurisdiction
The authority of a court to make decisions regarding the legal obligations of individuals or corporations within its reach. Examples include residents of a state or businesses that operate within the state.
Territorial Jurisdiction
The area within which a court or government entity can exercise its power. For example, the territorial jurisdiction of a state court is typically limited to the state's borders.
Diversity Jurisdiction
The jurisdiction of federal courts to hear lawsuits where the parties are from different states or countries, and the amount in controversy exceeds a set threshold, currently exceeding
Federal Question Jurisdiction
The jurisdiction of federal courts to hear cases involving the interpretation and application of the U.S. Constitution, federal laws, or treaties. For example, cases involving the First Amendment.
In Rem Jurisdiction
A court's power to adjudicate the rights to a piece of property, typically real estate, within its territorial boundaries. An example is a dispute over the ownership of a local real estate.
Quasi in Rem Jurisdiction
A legal action based on the property rights of a person, where the property itself is the basis for the court’s jurisdiction. This can arise in cases where a debt is secured by property in the jurisdiction, but the debtor is not.
Concurrent Jurisdiction
Occurs when more than one court has the authority to hear the same case; for instance, some cases can be heard in either state or federal courts.
Exclusive Jurisdiction
When only one court has the power to hear a certain type of case. For example, patent cases are exclusively heard by federal courts.
Ancillary Jurisdiction
Allows a federal court to hear additional claims substantially related to the original claim even though the court would not have an independent basis for jurisdiction over them. For instance, state law claims closely related to original federal law claims.
Appellate Jurisdiction
The power of a higher court to review and revise a lower court's decision. Examples include the U.S. Courts of Appeal reviewing lower federal court decisions.
General Jurisdiction
Refers to courts that can hear a wide variety of cases that are not specialized. Most state trial courts, like those that hear both criminal and civil cases, are considered courts of general jurisdiction.
Limited Jurisdiction
Courts that can only hear specific types of cases, often governed by statutes. Examples include probate courts and bankruptcy courts.
Original Jurisdiction
The power of a court to hear a case first, take evidence, and render a decision. For example, the U.S. Supreme Court has original jurisdiction in cases where states are parties.
Pendent Jurisdiction
The authority for a federal court to hear and decide on a state law claim, provided that the state claim derives from the same set of facts as the federal claim already before the court.
Removal Jurisdiction
The legal right of a defendant to move a lawsuit from state court to federal court. This is often seen in cases where the defendant believes the federal court will be more favorable or where federal law is implicated.
Venue
The geographic location where a case is tried. Venue is proper in the judicial district where any defendant resides if all defendants reside in the same state in which the district is located, or where a substantial part of the events occurred.
Forum Non Conveniens
The principle that allows a court with jurisdiction to dismiss a case because another forum is substantially more convenient for the parties or the witnesses and better serves the ends of justice.
Minimum Contacts
A legal standard that determines when it is appropriate for a court to exercise personal jurisdiction over an out-of-state defendant. The defendant must have at least 'minimum contacts' with the jurisdiction where the court sits.
Long-Arm Statute
A state law that permits a state's courts to reach beyond the state's borders for jurisdiction over non-resident defendants, based on certain acts or contacts with the state.
Jurisdiction over the Parties
The authority of a court to decide matters involving specific individuals or entities, which is gained by summons or a voluntary appearance in court.
Subject Matter Competency
The requirement that a court have jurisdiction over the type of claim presented to it; similar to subject-matter jurisdiction but emphasizes a court's legal power to interpret a specific area of law.
Judicial Discretion
The flexible deciding room that a judge can use to determine issues on a case-by-case basis, such as the appropriateness of jurisdiction or a change of venue.
Parens Patriae Jurisdiction
A doctrine that grants a court the authority to protect those who cannot care for themselves, such as minors or the mentally ill, often invoked in guardianship or conservatorship cases.
Choice of Law
The set of principles used to select which jurisdiction's laws to apply in a lawsuit, particularly in cases where the parties are from different states or countries.
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