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Free Example of Courts' Jurisdiction Essay

Jurisdiction is the court’s authority to hear and resolve a particular dispute. Subject matter jurisdiction is the court’s authority to hear and decide over cases of a particular type. Personal jurisdiction is the legal authority of a court over a dispute involving parties (Putman, 2013).

A court has personal jurisdiction over the parties if they voluntarily agree to submit to the court’s jurisdiction or if the parties are residents of the state in which the court is located. Furthermore, the federal courts have the jurisdiction over parties by virtue of their substantial contact with the state if the state has long-term statutes. The defendants should also receive proper notice of the lawsuit (Kerley, Hames & Sukys, 2012).

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The three types of personal jurisdiction include the in personam, the in rem and quasi in rem jurisdictions. A court has in personam jurisdiction if it has jurisdiction over a person (Luten, 2009). For example, a plaintiff may have been injured in his or her state by a defendant from another state who stays in the plaintiff’s state. A court has in rem jurisdiction if a property is within its state (Kerley, Hames & Sukys, 2012). For instance, if a plaintiff purchased a business premise in a different state and the defendant failed to issue him the title to the business premise, the plaintiff is able to sue the defendant only to the court which has in rem jurisdiction over the property.

Quasi in rem jurisdiction occurs when the defendant owns property subject to the lawsuit within the state of the forum court (Luten, 2009). For example, if Mr. X’s property injures Mr. Y within a state, Y sues X in the court for compensation. In this case Mr. X’s property can be sold to compensate Mr. Y if the court exercises this jurisdiction.

Generally, the federal courts handle civil and criminal cases. The criminal cases are those that involve violation of the federal laws such as murder. Civil cases are noncriminal in nature, such as a lawsuit for a property in which the plaintiff needs compensation.

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