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9 Cards in this Set
- Front
- Back
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Subject matter jurisdiction |
Subject matter jurisdiction is the power of the court to hear and determine a particular type of claim or controversy |
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Personal jurisdiction
Types of personal jurisdiction In Personam Jurisdiction |
Ability of a court to exercise the power of subject matter jurisdiction over a defendant, property, or item which must not exceed statutory limitations, and constitutional limitations.
Exists when the forum has the power over the person of a particular defendant. |
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Types of jurisdiction In Rem & Quasi In Rem Jurisdiction |
In rem and quasi jurisdiction is the power of the court to render a judgement that binds property (real or personal). Derived from the territoriality Rule, this form of jurisdiction is based upon the presence of the property (the "res") in the forum state at the time the suit is commenced. |
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THE DUE PROCESS REQUIREMENT OF NOTICE : SERVICE OF PROCESS |
In order for a judgment to be a valid and enforceable, the Due Process Clause requires that the court have power over the defendant's person or property, but that the defendant also receive proper notice of the suit and an opportunity to be heard. No proper notice no personal jurisdiction (in rem or quasi in rem jurisdiction). Thus unenforceable and be collaterally attacked in a subsequent proceeding. |
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CHALLENGING THE PERSONAL JURISDICTION OF THE COURT |
Direct attack: A challenge to jurisdiction which is made before the court that is trying to exercise jurisdiction |
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VENUE |
Venue requirements are designed to identify a convenient forum in which to litigate a suit. |
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CHOICE OF LAW |
Is a federal district court, sitting in diversity, bound to apply a state law or is it free to apply federal law to resolve a particular issue before it? |
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PLEADINGS |
This term "pleadings" refers to the complaint, the answer and, if permitted, the reply which set forth the contentions of the parties. |
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JOINDER OF CLAIMS AND PARTIES |
Joinder of claims by one party (single plaintiff) against another party (single defendant) a. Federal practice: a party asserting a claim, counter claim, cross counter claim or third party claim may join as many claims as it has against an opposing party, even if the claims are unrelated b. State practice (code pleading): Some state joinder rules require that claims arise out of the same transaction or involve common questions of law. |
