Subject Matter Jurisdiction

When analyzing the word jurisdiction, it is important to note how this word divides itself amongst two different categories: personal and subject matter jurisdiction. The main and most abstract difference between these two different types of jurisdictions is that personal jurisdiction authorizes the court to acquire personal jurisdiction over the parties involved in a particular lawsuit while subject matter jurisdiction grants courts the ability to seize a specific topic or subject matter of court cases to hear. For instance, bankruptcy courts may only heart bankruptcy cases. In personal jurisdiction cases, the court typically has the power over a given defendant or item of property thus restricted by certain limitations either which may be statutory or constitutional. Another distinction between subject matter jurisdiction and personal jurisdiction is that parties may waive personal jurisdiction but not subject matter jurisdiction.

In order for a court to be able to hear to a case, the case must meet three main requirements. The National Paralegal College (2003) reports, “The three prerequisites are: jurisdiction over the parties or things (usually referred to as personal jurisdiction, jurisdiction over the subject matter, and proper venue. The main bases of personal jurisdiction required in a federal court consist of several statute and general requirements such as: consent, presence and in-state service, minimum contacts, non-resident motorist statutes, domicile, in state tortious, conduct, long-arm statute, owners of in state property, agency, and the bulge rule. The first and most straightforward requirement for a personal jurisdiction in a federal court is consent because the defendant needs to consent to said jurisdiction. Presence and in-state service is a requirement which may also arise if a defendant was personally served while being inside the state in which the court is in. Domicile refers to the fact that if the defendant’s home or where they live is inside the state in which the court is located.

The non-resident motorist statutes state that if a non-resident of that state moved or caused a motorist accident in that state, it allows said state jurisdiction to hold a personal jurisdiction case there. In state tortious conduct refers to that state gaining jurisdiction over nonresidents who commit contractual and business damage with the business relationship of the other party (plaintiff). Owners of in-state property is a rule that determines that states have jurisdiction over in state property even if the defendant is an out of state resident or is not in the state. The Long Arm statute provides the state with the jurisdiction of a non resident, non consenting defendant if the defendant has the minimum contacts in the state. If a third party individual is assigned to receive service of process on the defendant’sbehalf the person may also be sued in the state. Finally, the bulge rule states that if the long-arm statute does not allow the state personal jurisdiction over the case, then the federal courts have jurisdiction if the defendant was served within 100 miles from the courthouse location or if the defendant is a third- party defendant or in other words, essential in the given case.

The three types of personal jurisdiction are: In Personam Jurisdiction, In Rem Jurisdiction, and Quasi-in-Rem jurisdiction (Professor Drobak, 2002). In Personam Jurisdiction refers to when the forum has the power over the person of a defendant. In Rem Jurisdiction refers to the fact that a court may have power of specific item of property of a defendant if the property is within the state. In the case of a Quasi-in-rem jurisdiction the court actually has the authority to define whether or not a specific set of individuals own specific property within the court’s control.

This type of personal jurisdiction allows the court to settle disputes based on the existence of the defendant’s property in the setting. An example of when personal jurisdiction may be determined is if for example, a couple lives and gets married in the state of Florida but then the couple breaks up and the husband moves to New York and files for divorce there. The wife in this example has no personal jurisdiction in the state of New York when it comes to the division of property, alimony, a determination of custody (if they have children) or hearing because the wife has never had sufficient contacts in that state. On the other hand, if this couple when they were married and living in the state of Florida decided to travel to New York every Christmas for a period of four to five weeks, this would allow the state to gain personal jurisdiction over the wife because her contacts in that state would be deemed “sufficient” enough for the state to gain power.

The two types of cases federal courts hear are: criminal and civil cases. Most cases that are heard in a federal court consist of civil cases because most crimes fall into problems that the U.S. Constitution leaves to each particular state. General federal laws are not many which is why civil cases in which a company or entity violated the law. For example, if a company denies a civilian the right to work because of the person/s sexual orientation that is one type of federal civil case. Another case might be a citizen requesting money from a governmental agency or sponsored program such as Social Security Income. One example of a criminal federal case is the importation of illicit drugs into the United States. This is a case of a criminal federal case because federal states that the above mentioned action is a federal violation of the law. The robbery of a bank whose deposits are insured under a federal agency is also a federal violation of the law that may require the defendant to be present in a federal criminal case.

References

NPC. Introduction: Jurisdiction Over the Parties or Things. (2003). Retrieved from the National Paralegal College from: http://nationalparalegal.edu/public_documents/courseware_asp_files/researchLitigation/Jurisdiction/IntroJurisdiction.asp

Drobak. (2002). Personal Jurisdiction. Civil Procedure Outline. (p.1)