Jurisdiction
The law expresses itself through the means of the court and its officers. The procedures and rules that accompany the various legal systems of these courts is essential knowledge for those wishing to gain a deeper understanding of the law and how it works. The purpose of this essay is to discuss and compare the differences jurisdictional issues within the United States court system. This paper will first define these terms before examining some of the requirements for each type of issue. This essay will also discuss the two types of cases federal courts may hear.
Subject vs. Personal Jurisdiction
According to the Legal Dictionary personal jurisdiction is the "The power of a 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." According to the legal dictionary subject matter jurisdiction is " The power of a court to hear and determine cases of the general class to which the proceedings in question belong."
Personal jurisdiction is the constitutional requirement that a defendant have certain minimum contacts with the forum in which the court sits so that the court may exercise power over the defendant. Subject-matter jurisdiction is the requirement that the court have power to hear the specific kind of claim that is brought to that court. While the parties may waive personal jurisdiction and submit to the authority of the court, the parties may not waive subject-matter jurisdiction. In...
This is not a new development -- international law had long recognised universal jurisdiction for piracy and slavery, for example -- but it marks an extension of the principle, in a modified form, into a new subject area' (emphasis added). In fact, Goodwin (2006) points out that, 'For hundreds of years, the world has allowed any nation-state to exercise universal jurisdiction over high seas piracy. This has been recently codified
Sources of U.S. LawIntroductionToday, most Americans are rightfully proud of the fact that the United States is a land of laws, but many may not realize the multiple sources of the laws that routinely affect their daily lives (Lupu, 2013). To help address this constraint, the purpose of this paper is to provide a description of the major sources of law under the American system of jurisprudence and how these
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This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue. Domicile Domicile is one of the key factors in choice of law. Domicile is not the same as location. Instead, domicile is a legal fiction connecting a person to a location for a specific purpose. Domicile impacts jurisdiction and choice of law.
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