Subject Matter Jurisdiction Essay

661 Words2 Pages
bulb-icon

Recommended: Similarities between state and federal courts

The term jurisdiction refers to the power bestowed upon courts to deliver judgments and make rulings. There are two types of jurisdictions that a court of law is required to have in order to listen to a case efficiently. These are subject matter and personal jurisdictions. Subject matter jurisdiction is said to be the court’s power to determine a case depending on the cause and the subject of dispute. On the other hand, personal jurisdiction is the power of a court to look into a case based on the people involved and make a decision binding the two parties together (Klerman, 2014).
Situation 1
Apparently, Jim is not right as there is subject matter jurisdiction. The fact that federal courts have subject matter jurisdiction (despite the parties …show more content…

The Constitution states that the defendant should have minimum contact with the forum. The minimal contact requirements with a forum state are based on compelling the defendant to not only appear but defend in the forum. That emanates from substantial justice and traditional notions of fair play. The casual activity of the accused during the discussion does not justify the assertion of jurisdiction on a cause of activity or action unrelated to the activity of the forum. Jurisdiction can be shown when the defendant has only been subjected to the decisions of the foreign state out of his free will and is willing to face the state’s form of law.
Situation 4
Federal courts can or may hear cases concerning state laws. A defendant is at this moment able to challenge the state laws in the federal courts. The corporation, therefore, can have the case moved to the federal court for trial. The fact that the breach of contract was a state law means that the Orange Corporation can challenge the law by presenting the case to the federal courts. However, it being a constitutional law in Washington, the Orange Corporation can argue out that it is unconstitutional when presented to the federal court.
In conclusion, both subject matter and personal jurisdiction should or must be assigned for a court to hear a case. These are both vital elements when dealing with cases and should hence be put into not only practice but fair and just

Show More
Related

  • Supreme Court Case: Affleck And Damon V. Booth

    615 Words  | 2 Pages

    In the case of Affleck and Damon v. Booth the primary nature of the case was in regards to their fourth amendment rights being broken; no probable cause for Booth and others to search and maintain their assets in the state of Georgia. In the District court, the ruling past onto both parties was that the case was dismissed due to Booth having no personal jurisdiction in the state of Nevada. This therefore was passed up to the Circuit court of Appeals whom overturned the lower courts decision based on the factors of the case encompassed more than the initial seizure. As both parties are not in agreement with where the trial shall be held the Supreme Court now will make a final decision based on issues to be ruled upon, material facts, and legal principles in practice.

    Read More

  • Muller vs. Oregon

    1291 Words  | 3 Pages

    Even though this lawsuit was to declare the Oregon Stature unconstitutional, it was the first to have laws set on the number of hours allowed to work in a day and showing other states the proper reasoning to make sure that it was not called unconstitutional. "The regulation of her hours of labor falls within the police power of the State, and a stature directed exclusively to such regulation does not conflict with the due process or equal protection clauses of the Fourteenth Amendment."

    Read More

  • Subject Matter Jurisdiction Essay

    453 Words  | 1 Pages

    The second type of subject matter jurisdiction is diversity jurisdiction. Diversity jurisdiction applies if the parties are citizens are different states and the amount in controversy is more than $75,000. The case has complete diversity as all three parties are citizens of different states; however, the amount in controversy is not more than $75,000. While Sally and Randy together have claims amounting to more than $75,000, the amount of the claims cannot be combined as the defendants are not jointly liable for the breaches. Therefore, Quincy has sought to recover $65,000 in damages from Randy and $45,000 in damages from Sandy of which the amounts are not over $75,000 individually, and therefore do not qualify for diversity jurisdiction.

    Read More

  • Greene's Jewelry Wholesale Case Study

    1484 Words  | 3 Pages

    The following questions need to be answered to further the case pertaining Greene’s v. Jennifer Lawson:

    Read More

  • Julian Knight Should Have Received Life Without Parole

    1774 Words  | 4 Pages

    Q1 THE COURT/S IN WHICH THE CASE WAS HEARD (OUTLINE THE CRIMINAL JURISDICTION OF THE COURT)

    Read More

  • The Monroe Doctrine Was A Bold Statement Of American Foreign Policy

    1234 Words  | 3 Pages

    3. Summarize the following Federal Court cases-and find a theme, discuss this theme in a well thought out essay.

    Read More

  • Federal Courts Vs State Courts Essay

    692 Words  | 2 Pages

    How are federal courts of general jurisdiction different from state courts of general jurisdiction? State courts deal with every day cases dealing with state laws and regulations. They can vary from criminal procedures in civil or family cases, to lower offenses, such as parking tickets. They tend to be specific to the laws of each state, as the state is allowed to form their own set of laws to keep their residents “free and treat them equally”. Federal courts on the other hand, hear criminal that violate the US Constitution and/or cases that cross state lines , along with civil cases or bankruptcy cases. Both courts have appellate courts and interprets the laws (either state or federal laws). Federal court is more selective on the cases it

    Read More

  • Jurisdictional Issues within the Criminal Justice System

    1550 Words  | 4 Pages

    Within the United States’ Criminal Justice System, problems pertaining to jurisdiction issues are quite common due several reasons. The United States v. Thomas J. L Smiley case and the United States v. Jared Lee Loughner case both had jurisdiction issues. Smiley and several other men obtained permission through a license from Mexico to search for treasure on an expedition; the treasure belonged to the steamer Golden Gate, which belonged to the Pacific Mail Steamship Company located within the United States. Ultimately, federal charges were brought upon him from the United States for violating a statue regarding plundering a sunken and/or abandoned ship. In contrast, Loughner had federal charges brought upon him by the United States due to his act a shooting, which resulted in the injuries and deaths of federal officials and employees. Furthermore, both cases involve jurisdiction issues involving the fairest of the trials and the location of the alleged crime; however, they both differ due to the circumstances and nature of the alleged crimes.

    Read More

  • The Warren Court

    1942 Words  | 4 Pages

    The Curious Confusion Surrounding Escobedo v. Illinois. (1965). The University of CHicago Law Review, 560-580.

    Read More

  • Essay On The Court System

    1988 Words  | 4 Pages

    Throughout the years there have been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented, they typically start off as disputes, misunderstandings, or failure to comply, among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved.

    Read More

  • Essay On Marbury Vs Madison

    822 Words  | 2 Pages

    In the jurisdiction act it say "the Supreme Court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court shall have appellate jurisdiction.” Marshall held that the Constitution limited this original jurisdiction to the specific cases mention.

    Read More

  • The United States Department of Justice Analysis

    1491 Words  | 3 Pages

    "Levels of the Federal Courts." The Judicial Learning Center. N.p., n.d. Web. 3 Mar. 2014. .

    Read More

  • Roadtrac, Inc Court Case

    861 Words  | 2 Pages

    Sue contracts with Tom to deliver a quantity of computers to Sue’s Computer Store. They disagree over the amount, the delivery date, the price, and the quality. Sue files a suit against Tom in a state court. Their state requires that their dispute be submitted to mediation or nonbinding arbitration. If the dispute is not resolved, or if either party disagrees with the decision of the mediator or arbitrator, will a court hear the case? Explain. (See Alternative Dispute Resolution.)

    Read More

  • Compare And Contrast The American And Russian Supreme Court System

    1160 Words  | 3 Pages

    “The United States has a federal court system, and a separate court system for each state” (Baum, 2016, p. 5). Specifically, the United States has ninety-four district courts, and twelve appellate courts which hear appeals to the decisions made in the district courts. As the Supreme Court of the United States is the country’s highest court, it is not specialized, and largely resolves disputes which address a federal question between the district and appellate courts, and in rare cases, when a dispute between states arises (Baum, 2016, p. 9). Moreover, taking a case to the Supreme Court in the

    Read More

  • Stakeholder Analysis of the Affordable Care Act

    793 Words  | 2 Pages

    Amount 26 states and the individuals have argued stating that law is not jurisdictional because it is not a barrier to both the individuals (NYTimes, 2013).

    Read More

More about Subject Matter Jurisdiction Essay

Open Document