The Power of Jurisdiction
The Power of Jurisdiction Abstract In this paper I will define the terms as follows subject matter jurisdiction and personal jurisdiction. Discuss the meanings of each of the terms in detail for a better understanding. I will also explain the three different types of personal jurisdiction there are and provide examples for each of the terms. The Power of JurisdictionJurisdiction is the official power to make legal decisions and judgments, the extent of power to make legal decisions and judgments, a system of law court, and the territory or sphere of activity over which the legal authority of a court or other institution extends. Subject matter jurisdiction is the authority of the court to hear cases of a particular type or cases relating to a specific subject matter. What does this mean? A court must have jurisdiction to enter a valid enforceable judgment on a claim. Personal Jurisdiction the power of the court to hear and determine a lawsuit involving a defendant by virtue of the defendant’s having some contact with the place where the court is located.
Personal Jurisdiction within a federal court is governed by the 4th rule of the Federal Rules of Civil Procedure. This rule directs all federal district courts to follow the laws on personal jurisdiction that is in force in the state courts where the federal court is located. Federal is also allowed to use long arms of statutes to reach defendants beyond the territory of their normal jurisdictions. In any such case that is brought before a federal court this includes lawsuits involving federal securities, anti-trust laws, federal courts can utilize their rights to personal jurisdiction over a defendant with no regards to where they are found. In Personam Jurisdiction meaning directed toward a particular person. Specifically it means a lawsuit seeking judgment to be enforceable specifically against an individual person. An in personam action can affect the defendant’s personal rights and interests and substantially all of his or her property, but whether this is to occur or not is based solely on the authority of the court. An example of personam jurisdiction would be a lawsuit in which the case is against a specific person. The person is and must be served with a summons and complaint that provides the court jurisdiction to try the case, the judgment for this type case applies to that direct person and is a personam judgment. Rem jurisdiction is a lawsuit against an item of property, not against a person. Rem allows lawsuits to be brought against the property of debtors in order to collect what is owed. An example of rem jurisdiction would be a lawsuit being filed against debtors in order to collect funds that are owed. These lawsuits are usually in relation to property foreclosures and mortgages. In order for rem actions to be taken or deemed acceptable the court must control the property or have authority to cover it.