Wednesday, June 19, 2019

The U.S. Supreme Court Powers Research Paper Example | Topics and Well Written Essays - 500 words

The U.S. Supreme Court Powers - Research Paper ExampleSubject- bailiwick jurisdiction refers to power over the facts and law involved in a particular(prenominal) case base on a specific subject matter such as divorce or bankruptcy. Subject-matter jurisdiction limits the authority of the court within matters directly relating to the subject matter (Garner, 2006). This is to say, therefore, that a divorce court may not hear cases involving bankruptcy. Information retrieved from the Harvard Law Review indicates, Lack of subject matter cannot be waived. (Cushman, 1998, p 89) Any decision from a court that lacks subject matter jurisdiction over a given case is invalid to that extent. ain Jurisdiction By granting personal jurisdiction, the Supreme Court confers authority over the parties involved in a specific case. The court therefore gains jurisdiction based on the individuals involved in the case. Sources indicate that the personal jurisdiction, as a legal concept, draws from the t raditional concept that a King exercised his authority within his orbit and not outside the kingdom. Every state in the US has personal jurisdiction over its citizens. Likewise, all courts within the state can exercise authority over citizens. The constitution unequivocally states that consent, power, and notice are the three elemental principles of personal jurisdiction that restrain the authority of courts to bind property or individuals to their decisions.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.