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General jurisdiction exists where a court in a given state has jurisdiction over a defendant in that state irrespective of the nature of the claim; but if the state is alleged to have jurisdiction over a defendant because the defendant's activities in that state gave rise to the claim itself, this would be specific jurisdiction. For example, if ...
This personal jurisdiction is specific to the act, and a party cannot be sued for unrelated activity. In many instances, state long-arm statutes extend personal jurisdiction to the extent allowed by the U.S. Constitution. There are two kinds of personal jurisdiction, general and specific jurisdiction: [2]
In rem jurisdiction was thus supported by the assumption that the owner of that property, having a concrete economic interest in the property, had a duty to look after the affairs of their property, and would be notified of the pending case by such seizure. In rem jurisdiction was limited to deciding issues regarding the specific property in ...
A quasi in rem legal action (Latin, "as if against a thing") is a legal action based on property rights of a person absent from the jurisdiction.In the American legal system the state can assert power over an individual simply based on the fact that this individual has property (bank account, debt, share of stock, land) in the state.
The nationality principle holds that the government of a citizen can obtain jurisdiction over its citizen even when that citizen is abroad. For example, U.S. citizens are still required to pay federal taxes to the U.S. government when abroad and may be prosecuted for a failure to do so.
Subject-matter jurisdiction, also called jurisdiction ratione materiae, [1] is a legal doctrine regarding the ability of a court to lawfully hear and adjudicate a case. Subject-matter relates to the nature of a case; whether it is criminal, civil, whether it is a state issue or a federal issue, and other substantive features of the case.
State courts often have diverse names and structures, as illustrated below. State courts hear about 98% of litigation; most states have courts of special jurisdiction, which typically handle minor disputes such as traffic citations, and courts of general jurisdiction responsible for more serious disputes. [1]
In the IRAC method of legal analysis, the "issue" is simply a legal question that must be answered. An issue arises when the facts of a case present a legal ambiguity that must be resolved in a case, and legal researchers (whether paralegals, law students, lawyers, or judges) typically resolve the issue by consulting legal precedent (existing statutes, past cases, court rules, etc.).