BUL 4421 Lecture Notes - Lecture 3: In Rem Jurisdiction, Personal Jurisdiction, Subject-Matter Jurisdiction

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9 Jun 2016
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8-29-15
Chapter 3 The US Legal System
Jurisdiction
Juris (law)
Diction (to speak)
Jurisdiction is power of court to
oHear a dispute
oSpeak the law
oRender legally binding decision
Personal jurisdiction – in personam:
oAuthority of court to hear and decide dispute involving the parties
oPower of a court to compel the presence of parties (including corporations).
oIs a geographic concept
oCourts have jurisdiction over persons or e titles residing or doing business within
a particular county, district or state.
oAll states have long arm statues
Dictates under what terms a nonresident may be required to appear
before court
In rem jurisdiction: jurisdiction over property
oPower to decide issues relating to property, wether the property is real or a
person.
Real property or personal property. Real property is the same as real
state
oA court has a generally in rem jurisdiction over any property situated within its
geographical borders
oCourts have jurisdiction over disputed property located within the county or
state
Subject matter jurisdiction: a courts subject matter jurisdiction may be limited by
oMount I. Controversy
oNature of controversy
oBasic / reasons a for the relief Southtown (type of case: civil, criminal, probate)
oExclusive federal jurisdiction ,Evans these kinds of cases can be heard in federal
court only including but not limited to:
Admiralty, bankruptcy, federal criminal prosecutions
Lawsuits by one state agains other
oState court jurisdiction: state courts have the power to hear all cases not within
the exclusive federal court jurisdiction system
Original jurisdiction: where the case originated. 99% happens in the trial court
Appellate jurisdiction:
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