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unit 2 IPIntroduction to American Court System - Essay Example
Supreme Court has granted permission to the lower courts to hear cases. This power or permission is known as jurisdiction. A court is required to have authority or jurisdiction before it can pass a statement or deliver a ruling, in favor or against someone. Jurisdiction…
risdiction is the power provided to the court that it can only hear cases which are brought to the court, or the cases which the court has been limited to, not anything else. Subject matter jurisdiction limits the power of the court so that it can only hear cases which the laws of jurisdiction permit it to. (Subject matter jurisdiction)
Personal jurisdiction allows the court to make decisions against or in favor of people who are involved in the case. Every court in a state can exercise personal jurisdiction over the people who live in that state, but not on people who belong to some other state. Therefore, courts cannot implement authority beyond their territories. The government allows the court to pass judgment to all residents of the state and also to those who have been away from the state for a brief period. Residents of other states, who have been in the state for a short period, are also answerable to the court. Moreover, a court which has jurisdiction in a state, also have authority over companies who have opened their offices in that state. The corporations are required to take permission from the court before they can continue their business in that area.
The criteria of ‘minimum contacts’ differs in every case. In situations where the case involves a defendant’s contact with the state, the number of contacts required to form personal jurisdiction may be less. If a non-resident in a state does something wrong, the court of the state then, in order to protect its residents, can authorize personal jurisdiction on that person. (Personal Jurisdiction in Federal Courts)
Although the courts are allowed to practice personal jurisdiction, there are certain laws, statutory and constitutional, which limit the power of the courts. Because of statutory restrictions, the court should examine the state law to ensure whether it can properly implement personal jurisdiction or not. However, there are three types of personal jurisdiction: Firstly, In Personam ...