Subject Matter Jurisdiction and Personal Jurisdiction
For the most part Subject Matter Jurisdiction and Personal Jurisdiction deal with federal court jurisdiction. Governed by Article III of the Constitution and 28 USC§§ 1331 AND 1332. In order for a court to have jurisdiction overt all parties involved, they must be connected to …show more content…
v. Washington (U.S. Supreme Court): Washington State sued for unpaid contributions to the State’s unemployment compensation fund. International Shoe alleged that the court lacked personal jurisdiction over it. The Supreme Court held that an exercise of personal jurisdiction over a party can be premised on minimum contacts with the forum state.
Quasi in Rem Jurisdiction:
• Jurisdiction over the value of property; plaintiff much attach seized defendant property before court can have jurisdiction.
Example: Javier is domicile in Texas; Greg is domicile in Arkansas. Greg has a bank account
in Texas with $100,000 in it. Then Javier files a claim against Greg in Texas court for $200,000. Assuming that the Texas court has no basis for personal jurisdiction over Greg, the Texas court may only exercise quasi in rem jurisdiction over the $100,000 bank account, and not the entire $200,000 claim. Javier could bring just the $100,000 claim. However, to sustain the full $200,000 claim, he would have to either find another basis for the Texas court’s personal jurisdiction over Greg, or bring the action in another court, such as Arkansas court, that has personal jurisdiction over Greg. See Shaffer v. Heiner, 433 U.S. 186, 97 S. Ct. 2569, 53 L.Ed.2d 683 (1977).
In Rem Jurisdiction:
• Jurisdiction over the property itself within the state’s …show more content…
Generally, the property must be located in the same county as the court for it to have in rem jurisdiction.
Criminal Cases The government initiates a criminal case, through the U.S. attorney’s office, in coordination with law enforcement agencies. All alleged criminal behavior is brought to the local police, FBI, or other appropriate law enforcement agency. Some examples include theft, assault, robbery, trafficking controlled substances and murder. Defendant is convicted if guilty and acquitted if not guilty, the jury decides. Only the defendant may appeal a court’s verdict. The prosecution is not allowed to appeal. The jury must unanimously agree before defendant is convicted.
Civil Cases Civil cases are generally brought by private citizens or corporations seeking to collect money owed or collect monetary damages. Some examples of civil case include landlord/tenant disputes, divorce proceedings, child custody proceedings, property disputes, personal injury, etc. Civil cases settle personal or business matters when an individual or group feels wronged by a defendant or can’t come to an agreement on a legal matter. Then the plaintiff files civil complaint, or a formal request asking the court to intervene, this often leads to a lawsuit. See, Roe v. Wade,