Criminal Justice Jurisdictions
Criminal Justice Jurisdictions
This paper is going to be proving you with definitions of the different types of jurisdictions and I will be giving examples the different cases that the federal court system concerning criminal and civil cases, this papers will also going to be on the different types of jurisdictions such as: personam, in rem, and quasi in rem jurisdiction.
Subject matter jurisdiction means the power the court has over the nature of the case nad the type of remedy that is demanded (Legal information institute).
Personal jurisdiction is the constitutional requirement that a defendant could only have a certain amount of contacts in which the court sits, so the court can exercise their power of the defendant (Legal information institute).
What are the requirements of personal jurisdiction in a federal court?
In federal courts personal jurisdiction is governed by rule 4 of the Federal rules and Procedures. Rule 4 directs all the rules in the federal district courts to follow the laws on personal jurisdiction that is in force in the state where the federal court is located (US Legal). Now if a court does not have personal jurisdiction over the defendant or property then the court really has no power of the person or property. The court cannot bind or obligate the defendant; there are rules that the court have to follow before the court can act on a defendant when it comes to personal jurisdiction. In the American legal system, you have to differentiate personal jurisdiction from subject matter jurisdiction (Princeton.edu). Personal jurisdiction in some cases usually are waiveable, meaning if a party comes to court not having objecting to the courts lack of jurisdiction over it, this means the objection can be forfeited. See Federal Rule of Civil Procedure 12(a)(4).
Explain the 3 different types of personal jurisdiction, which you have learned from your reading, research, and lectures. The three types of personal jurisdiction are personam jurisdiction, in rem jurisdiction, and quasi in rem jurisdiction. Provide examples for each.
Personal jurisdiction has 4 functions that ties along with it such as Presence, Domicile/place of business, consent, and minimal contacts. Now Presence is being served with a summons or complaint, being served can be by mail or usually a sheriff may be sent to serve you a copy of the summons. Domicile or resident in a state can give the courts enough jurisdictions over you meaning if you are out of town or out of the country if you have resident in a state then the court basically has jurisdiction over you. Consent means that with your mouth you can give the court jurisdiction over you even if implied you can give the court power of you. And another example of