Judicial Power 3-19

Judicial Power 3-19 - Judicial Power Barrier to Entry in...

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Judicial Power Barrier to Entry in the U.S. Legal System Jurisdiction o Power of a court to adjudicate cases and issue orders. o Territory within which a court or government agency may properly exercise its power o A jurisdictional question may be broken down into three components: Where there is jurisdiction over the person ( in personam ), ex: serve the person Where there is jurisdiction over the subject matter, or res ( in rem ) Whether there is jurisdiction to render the particular judgment sought o Subject matter jurisdiction – court’s authority to decide the issue in controversy. State courts have general jurisdiction – they can hear any controversy except those Prohibited by state law and Allocated to federal courts of exclusive jurisdiction Federal courts have limited jurisdiction – they can hear only cases that within the scope of Article III Section 2 and Congressional statutes o Territorial jurisdiction – the court’s power to bind the parties to the action
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Judicial Power 3-19 - Judicial Power Barrier to Entry in...

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