Jurisdiction

Personal jurisdiction isn’t the only thing that the courts will look at it. They will also look at minimum contacts. Minimum contact is a nonresident defendant with the forum state that is sufficient for jurisdiction over the defendant to be proper. A lack of minimum contacts violates the nonresident defendant’s constitutional right to due process and “offends traditional notions of fair play and substantial justice” (Inm, 1992) (Min, 2001-2016).

The Courts of Special Jurisdiction or limited jurisdiction are limited to handling cases such as family matters, bankruptcy, patents, copyrights, probate, traffic, juvenile courts and small claims courts for cases under $5,000.00.(Understanding Federal and State Courts)

The subject matter jurisdiction is the courts authority to judge particular lawsuits in federal or state courts. As discussed in the textbook, “Subject-matter jurisdiction determines which court system may hear a particular case” (Kubasek, pg.44, 2009). Novelty One’s website states that all complaints must be settled with the state of Florida when filed against Funny Face or Novelty One. Therefore, the lawsuit against Novelty One will need to be filed with the state of Florida courts.

The United States government operates under a federalist system meaning that there are two or more governments who share the same power over one geographic region. In this case it would be the state and federal governments. The 10th amendment of the U.S. Constitution summarizes the idea of federalism, stating that “The powers not delegated to the US by the Constitution, nor prohibited by the states, are reserved to the states respectively, or to the people” (U.S. Constitution). This means that the federal government, whose jurisdiction is very limited, has jurisdiction over some thing while the state government has jurisdiction over

A federal court's power to hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court.

In the case of Margolin v. Novelty Now the appropriate court for this lawsuit depends upon several factors. In personal jurisdiction the book states that the courts are given the power to provide a decision in affecting the rights of individuals (Kubasek). In this case, the court will give a decision giving rights to Mr. Margolin, and taking rights from Novelty Now. For subject matter jurisdiction, a certain specified court will be able to hear the case This means, that it must be decided which court hears the case, whether state or federal jurisdiction. Since this case contains three different states, the federal court system must be the one to hear the case. In this case, minimum contacts must be determined to decide if a certain state will have power to assert personal jurisdiction over a defendant from another state (Kubasek). In this case, it must be decided if New York will take personal jurisdiction of the defendants residing in California, or Novelty Now residing in Florida.

Subject matter jurisdiction allows a court the authority to only hear case that are in regards to a specific topic. Although restrictive in its ability to hear cases based on the topic, subject matter jurisdiction can specialize in a specific case type. Courts such as tax, federal claims and bankruptcy are examples courts which have subject matter jurisdiction.

Under these we have the district courts which are “the major trial courts in Texas, which usually have general jurisdiction over a broad range of civil and criminal cases” (pg.251). In addition we have a county judge (one judge in each of the 254 counties who presides over county court) a county court has jurisdiction over respective individual counties hence the term “county”. In larger counties (more volume of cases) we have statutory county courts at law (hears less serious cases than district courts) In statutory probate courts generally found in urban areas we have these specialized courts whose jurisdiction is limited to probate and guardianship matters. Beneath, we have justice of the peace courts that are local trial courts that have jurisdiction over small claims and very minor criminal misdemeanors. On the lower end of the totem pole we have municipal courts who essentially are “local trial courts with limited jurisdiction over violations of city ordinances and very minor criminal misdemeanors; municipal courts are located in each of Texas’s incorporated cities and towns” (pg.253). The municipal courts also have jurisdiction over violations of city ordinances (regulations by city

    Limited jurisdiction courts only have jurisdiction in specific in only well-defined areas of law. General jurisdiction courts have general jurisdiction over all subject matters within their local jurisdiction.

A court can exercise personal jurisdiction over any person or business that abides within a certain geographic area, or any out of area defendant as long as there was minimum contact with the area to justify jurisdiction. Each state has its own long arm statue in place that defines minimum contact. Personal jurisdiction for federal courts is broad, extending to any persons within the United States, whereas personal jurisdiction for state courts is much more narrow. Different courts have the authority to hear different kinds of cases. Subject matter jurisdiction for federal courts is relatively narrow. There must be an issue of federal law, or there must be a dispute between citizens or businesses of different states and the amount in question must at least $75,000. States have a much more broad subject matter jurisdiction; they can hear pretty much any matter, whether involving state or federal law.

In the United States, the judiciary is a branch of government. Each branch of government have their own duties and responsibilities, accordingly to the United States constitution. The primary purpose of the judicial system is to serve the people by ensuring equal justice under the law. In this way, The Texas judicial system purpose is to interpret and analyze law. It was created and specified by the United States constitution.

Each state has their own specific unique laws established individually for their state. In conjunction with those laws that exist over the people in their specific state there are also federal laws that govern the states as well as the people who live in them. These laws that govern the people are known as state laws and federal laws. The U.S. Constitution is the supreme law of the land in the United States. “It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems (Comparing

There is such a thing as limited jurisdiction and general jurisdiction. There are reasons courts

The main differences between federal and state courts falls under jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear.

Reasoning: Determining jurisdiction is critical because jurisdiction not only allows the party to know whether that court is entitled to adjudicate a dispute, but it can also help determine which laws are applicable, which can make a difference in a party's recovery. For example, Georgia and Delaware might have different laws regarding damages so that Elle may have an advantage in one court as compared to another court. In order for a court to be able to exercise jurisdiction, the court must have some connection to either the parties or to the event in question. Therefore, the possibilities for jurisdiction include: the district court for the state of Georgia, the district court for the state of Delaware, or one of the state courts for either Georgia or Delaware. In order for federal jurisdiction to apply, the circumstances of the case must meet the requirements for diversity jurisdiction. Diversity jurisdiction refers to that federal court jurisdiction involved when the parties involved are from two