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Topic: Jurisdiction



  
 Jurisdiction - Wikipedia, the free encyclopedia
A court whose subject-matter jurisdiction is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction.
Federal courts (those operated by the federal government are courts of limited jurisdiction.
The jurisdiction of courts between and within states
http://en.wikipedia.org/wiki/Jurisdiction   (2453 words)

  
 CATHOLIC ENCYCLOPEDIA: Ecclesiastical Jurisdiction
Above all, by means of the privilegium fori it withdrew the so-called "criminous clerks" from the jurisdiction of the civil courts.
This arbitral jurisdiction of the bishop was not recognized in the new Teutonic kingdoms.
Delegated jurisdiction rests either on a special authorization of the holders of ordinary jurisdiction (delegatio ab homine), or on a general law (delegatio a lege, a jure, a canone).
http://www.newadvent.org/cathen/08567a.htm   (2483 words)

  
 Universal jurisdiction - Wikipedia, the free encyclopedia
Universal jurisdiction must also be distinguished from the jurisdiction of an international tribunal, such as the International Criminal Court, established in 2002 (the US is not signatory to the treaty), the International Criminal Tribunal for Rwanda (1994) and for the former Yugoslavia (1993), or the Nuremberg Trials (1945-49).
It provides for ICC jurisdiction over-state party or on the territory of a non-state party where that non-state party has entered into an agreement with the court providing for it to have such jurisdiction in a particular case (consent).
Other opponents argue that universal jurisdiction is a breach on each state's sovereignty: all states being equal in sovereignty, as affirmed by the United Nations Charter, no state has standing to try a crime, no matter how heinous, in another state's jurisdiction, if they have no sovereign interest in the matter.
http://en.wikipedia.org/wiki/Universal_jurisdiction   (2035 words)

  
 [No title]
State appeals are under the jurisdiction of the state appellate courts, while appeals from federal district courts are within the jurisdiction of the courts of appeal and eventually the Supreme Court.
Jurisdiction in the courts of a particular state may be determined by the location of real property in a state (in rem jurisdiction), or whether the parties are located within the state (in personam jurisdiction).
More than one court may have concurrent jurisdiction, such as both state and federal courts, and the lawyer filing the lawsuit may have to make a tactical decision as to which jurisdiction is more favorable or useful to his/her cause, including time to get to trial, the potential pool of jurors or other considerations.
http://dictionary.law.com/definition2.asp?selected=1070&bold=   (469 words)

  
 Jurisdiction - Wex
State court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fourteenth Amendment (http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html) and the federal court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fifth Amendment (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv).
Subject matter jurisdiction is the court's authority to decide the issue in controversy such as a contracts issue, or a civil rights issue.
Territorial jurisdiction is the court's power to bind the parties to the action.
http://www.law.cornell.edu/topics/jurisdiction.html   (403 words)

  
 Diversity Jurisdiction Encyclopedia Article, Information, History and Biography @ AlienArtifacts.com
Diversity jurisdiction is a term used in civil procedure to refer to the situation in which a United States district court has subject matter jurisdiction to hear a civil case because the parties are "diverse," meaning that they come from different states.
For example, if the dispute is solely over the breach of a contract by which the defendant had agreed to pay the plaintiff $10,000, a federal court will dismiss the case for lack of subject matter jurisdiction, or remand the case to state court if it arrived via the removal process.
If a case is originally filed in state court, and the requirements for federal jurisdiction are met (diversity and amount in controversy requirements are met; or case involves a federal question; or supplemental jurisdiction exists), ONLY THE DEFENDANT may remove the case to federal court.
http://www.alienartifacts.com/encyclopedia/Diversity_jurisdiction   (847 words)

  
 Indian Country Criminal Jurisdiction
Jurisdiction is the authority of a court to deal with a particular type of dispute.
Criminal jurisdiction is the authority of a court to deal with a particular type of criminal offense.
This website is a general guide regarding which sovereign has jurisdiction to prosecute crimes which occur in Indian country: federal court, tribal court, or state court.
http://tribaljurisdiction.tripod.com   (568 words)

  
 Subject Matter Jurisdiction
Magistrate courts, probate courts, juvenile courts and state courts shall be courts of limited jurisdiction.
Subject matter jurisdiction may not be waived by the parties or the court.
The fundamental function of the law of subject matter jurisdiction of court is, of course, to define the authority vested in judicial bodies and to delineate the authority which may be exercised by a certain class of courts or, alternatively, a single court within a defined class.
http://law.gsu.edu/elanier/spring99/law7236/infobase/new_module1.html   (15982 words)

  
 1.3.14: Miscellaneous Provisions: Consent to Jurisdiction - Encyclopedia - Library - VC Experts
Consenting to the jurisdiction of a particular forum, and designating the application of that state's law, generally will be enforceable even if the parties' contacts with that state are limited.
Each Party hereto hereby submits to the nonexclusive jurisdiction of the United States District Court for the Southern District of New York and of any state court...
A clause in which the parties consent to a particular forum's jurisdiction generally is advisable in commercial contracts, especially those that designate forums that have a somewhat attenuated relationship to the transaction or the parties.
http://vcexperts.com/vce/library/encyclopedia/documents_view.asp?document_id=160   (364 words)

  
 Personal Jurisdiction
Jurisdiction refers to the power of the court to decide a case.
Jurisdiction is of two types: Subject matter jurisdiction and jurisdiction over the parties.
In personam, (or personal jurisdiction) is the power of a court to adjudicate the personal legal rights of parties properly brought before it.
http://www.west.net/~smith/jurisdiction.htm   (1987 words)

  
 FEDERAL JURISDICTION
State courts are courts of general jurisdiction and in a state criminal prosecution, the state must only prove that the offense was committed within the state and a county thereof.
Federal jurisdiction results from a conveyance of state jurisdiction to the federal government for lands owned or otherwise possessed by the federal government, and thus federal jurisdiction is extremely limited in nature.
Mason's argument that the federal government had exclusive jurisdiction over both the lands and its contract was not upheld by either the Supreme Court of Washington or the U.S. Supreme Court.
http://home.hiwaay.net/~becraft/FEDJurisdiction.html   (7360 words)

  
 FindLaw: U.S. Constitution: Fourteenth Amendment: Annotations pg. 13 of 40
The Court refused to permit jurisdiction to be grounded on the contract; the contacts justifying jurisdiction must be those of the defendant engaging in purposeful activity related to the forum.
The possible significance of the concurrence is that it appears to disagree with the implication of the majority opinion, id. at 647-48, that a State's legislative jurisdiction and its judicial jurisdiction are coextensive.
Washington, 88 the Court established the modern standard of obtaining in personam jurisdiction based upon the nature and the quality of contacts that individuals and corporations have with a State; this ''minimum contacts'' test permits the courts of a State through process to obtain power over out-of-state defendants.
http://caselaw.lp.findlaw.com/data/constitution/amendment14/13.html   (5914 words)

  
 Jurisdiction
Revisit the UDRP and pay particular attention to the jurisdictional aspects of the policy and the manner in which ICANN negotiates potential conflicts of judgments with conventional courts of law (see paragraph 4.k.).
Under personal-jurisdiction law, unless a defendant has some relationship with the territory in which a court is a valid decision maker, he is not subject to the power of that court.
Is in rem jurisdiction over domain names, such as is provided for in the Anticybersquatting Piracy Act, a workable and fair alternative to in personam jurisdiction in the resolution of domain name disputes.
http://cyber.law.harvard.edu/property00/nonframe_current.html   (2674 words)

  
 Divorce Legal Services: California family law specialists 1-800-949-7004
Once jurisdiction is established, a California court has the power to divide all of the community property that has been acquired.
Custody jurisdiction is generally established when the children have lived in the state for the six months prior to dissolution.
In order for a California court to have jurisdiction over your divorce you must be a California resident for at least six months immediately prior to filing an action for dissolution.
http://www.divorcelegalservices.com/jurisdic.htm   (404 words)

  
 International Criminal Court : Jurisdiction
For the Court to exercise its jurisdiction, the territorial State (the State on whose territory the situation which is being investigated has taken or is taking place), or the State of nationality (the State whose nationality is possessed by the person who is being investigated) must be a party to the Statute.
The Court's jurisdiction will be limited to the most serious crimes of concern to the international community as a whole.
Once a State becomes a party to the Statute, it accepts the Court's jurisdiction with respect to crimes under the Statute.
http://www.icc-cpi.int/php/show.php?id=jurisdiction   (546 words)

  
 Law And Borders--The Rise of Law in Cyberspace
The result of this jurisdictional confusion, arising from a then-novel form of boundary-crossing communications, was the development of a new legal system--Lex Mercatoria.
In the absence of global agreement on applicable copyright principles, the jurisdictional problems inherent in any attempt to apply territorially-based copyright regimes to electronic works simultaneously available everywhere on the globe are profound.
Even an example that might otherwise be thought to favor the assertion of jurisdiction by a local sovereign--protection of local citizens from fraud and antitrust violations--shows the beneficial effects of a Cyberspace legal regime.
http://www.cli.org/X0025_LBFIN.html   (9467 words)

  
 Crimes within the Court's Jurisdiction
The second emphasizes that the Court is intended to be complementary to national criminal justice systems, i.e., the Court would exercise its jurisdiction only in cases where States do not exercise their national jurisdiction, because they are unable or unwilling to do so.
At the heart of the effort to establish the first permanent international criminal court in history is the question of the scope of the Court's jurisdiction.
One emphasizes that the Court is intended to have jurisdiction over only "the most serious crimes of concern to the international community as a whole".
http://www.un.org/icc/crimes.htm   (2913 words)

  
 JURISDICTION OVER FEDERAL AREAS WITHIN THE STATES (2 of 2)
jurisdiction statuses for the various purposes for which federally
and problems of the 48 States related to legislative jurisdiction.
Federal-Study of Jurisdiction over Federal Areas within the States is
http://www.supremelaw.org/rsrc/fedjur/fedjur2.htm   (1415 words)

  
 Extraterritorial jurisdiction - encyclopedia article about Extraterritorial jurisdiction.
Extraterritorial jurisdiction or ETJ is the legal ability of a government to exercise authority beyond its normal boundaries.
For example, the United States has Status of Forces Agreements with many nations which give the United States jurisdiction over members of its military.
A government is the body that has the power to make and enforce laws within an organization or group.
http://encyclopedia.thefreedictionary.com/Extraterritorial+jurisdiction   (1267 words)

  
 [H] Enthusiast - Whatcha Talkin\' Bout Willis?
Below you will find the body of the motion as our attorneys at the law firm of Storm and Hemingway filed it with the U.S. Federal Court here in Dallas, TX.
On the very deadline to produce Court Ordered documents, Infinium Labs waived previously asserted objections to jurisdiction in hopes of avoiding production of the documents.
KB Networks has spent approximately $150,000 on litigation fighting over jurisdiction.
http://www.hardocp.com/article.html?art=Njcx   (199 words)

  
 House Financial Services Committee - Democrats/Independents
The subcommittee also conducts investigations on any matter within the jurisdiction of the Committee, and evaluates the need for any legislative changes to the laws and programs within this jurisdiction.
Click Here to View a Complete Synopsis of the Subcommittee's Jurisdiction.
http://www.house.gov/banking_democrats/jurisdiction.html   (454 words)

  
 THE DAILY DELAY: Jurisdiction
District Attorney Ronnie Earle, a Democrat, said he had no jurisdiction over Mr.
From the AP story on yesterday's indictment of TRMPAC:
He has wide latitude in investigating the actions of state elected officials because they work in Austin, which is in Travis.
http://dailydelay.blogspot.com/2005/09/jurisdiction.html   (162 words)

  
 The Cyberlaw Encyclopedia version 2.0
Disclaimer: Not all materials may be applicable in your jurisdiction.
Not intended to be a substitute for professional advice.
http://www.gahtan.com/cyberlaw   (50 words)

  
 CDT Jurisdiction
No single law defines what goes on on the Internet.
Governments of the offline world are struggling to deal with critical questions about the limits of their jurisdiction over the Internet, and the ability of any nation to regulate its citizens' activities on the Internet.
http://www.cdt.org/jurisdiction   (530 words)

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