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Subject Matter Jurisdiction
Subject Matter Jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court has the authority to only hear bankruptcy cases.
Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity.
To decide a case, a court must have a combination of subject (subjectam) and either personal (personam) or territorial (locum) jurisdiction.
Subject-matter jurisdiction, personal or territorial jurisdiction, and adequate notice are the three most fundamental constitutional requirements for a valid judgment.
CA1: 1983 state action failures are not a matter of subject matter jurisdiction
Alberto San, Inc. v. Consejo de Titulares, No. 07-1605. While this case involves an office condo, the complaint included 1983 claims as well as claims that various statutes were unconstitutional...
Subject Matter Jurisdiction After MedImmune
Yesterday, Judge Jones issued a decision that required the Court to "traverse uncharted territory between the Supreme Court?s decision in MedImmune, Inc...
Fifth District: Serious About Subject Matter Jurisdiction
Florida's appellate courts can and should raise the issue of subject matter jurisdiction when the parties ignore or overlook it...
Subject matter jurisdiction: KCI and Innovative
In January 2008, IPBiz posted on a patent infringement suit by KCI against Innovative, launched in MD NC.[KCI goes after Innovative Therapies over vacuum bandage ]On 14 July 2008, Magistrate Judge Leonard P...
Is Non-Extraterritoriality a Question of Subject Matter Jurisdiction?
The distinction between subject matter jurisdiction and proving a prima facie element of the cause of action is not always easy to discern and in some areas is subject to a healthy disagreement among judges, beginning with the debate between Justices Souter (for the majority on this issue) and Scalia (dissenting on this issue) in Hartford Fire Insurance Co...
WRITS - Lack of subject matter jurisdiction in writ filed over property distribution and estate matter: William Goldstein, Executor v. Judge Timothy J. Feeley & Ruby Joann Young-Layer (Real Party in Interest) (SC 8/27/2009)
William Goldstein, Executor v. Judge Timothy J. Feeley & Ruby Joann Young-Layer (Real Party in Interest) 2008-SC-000597-MR August 27, 2009 Opinion by Justice Venters...
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I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...
Can I return an entire lot of merchandise is some of the items were not as advertised?
Since they were specified as leather, you do have a case - however, your best fi...
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Should I return a phone call from a collection agency that doesn't name their client in the message?
In the county of the state where I live in the US, I am able to go to the websit...
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