In order to understand the difference between subject matter jurisdiction and personal jurisdiction, it is important to first understand the definition of each term. Subject matter jurisdiction is the authority of a court to hear a particular type of case, while personal jurisdiction is the authority of a court to rule over a particular person or entity. Subject matter jurisdiction determines what types of cases a court can hear, while personal jurisdiction determines who can be sued in that court. There are several factors that go into determining whether a court has subject matter jurisdiction over a particular case.
What is Subject Matter Jurisdiction?
Subject matter jurisdiction refers to a court’s power to hear certain types of cases. In the United States, federal courts have subject matter jurisdiction over cases involving federal law, while state courts have subject matter jurisdiction over cases involving state law. When a case is filed in a court that does not have subject matter jurisdiction, the court will typically dismiss the case.
For example, if a plaintiff files a breach of contract case in a federal court, the court will not have subject matter jurisdiction and will dismiss the case. In order for a court to have subject matter jurisdiction, there must be a statutory or constitutional basis for the jurisdiction. If there is no statutory or constitutional basis for the court’s jurisdiction, the court will not have subject matter jurisdiction.
What is Personal Jurisdiction?
When a person is accused of a crime, they have the right to be tried in the state where the crime was committed. This is because each state has its own laws, and the accused has the right to be tried according to those laws. However, sometimes the accused may live in a different state from where the crime was committed. In these cases, the issue of personal jurisdiction arises. Personal jurisdiction is the power of a court to hear a case involving a particular person or business. In order for a court to have personal jurisdiction over someone, that person must have certain minimum contacts with the state where the court is located.
Difference between Subject Matter Jurisdiction and Personal Jurisdiction
Subject matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For example, the U.S. District Court for the Eastern District of Missouri has subject matter jurisdiction over bankruptcy cases.
- Personal jurisdiction, on the other hand, is the power of a court to render judgment against an individual or entity that resides within the court’s territorial jurisdiction.
- In other words, personal jurisdiction gives a court the power to enforce its judgment against a defendant who is physically present within the court’s territory. For example, if you are sued in Missouri state court, the court will have personal jurisdiction over you if you live in Missouri.
- If you don’t live in Missouri, the court may still have personal jurisdiction over you if you have certain minimum contacts with Missouri. Finally, it is important to note that a court can have subject matter jurisdiction over a case even if it does not have personal jurisdiction over one or more of the parties.
Conclusion
The court’s authority to hear a particular type of case. Personal Jurisdiction: The court’s authority over the parties in a lawsuit, which is determined by their location and whether they have sufficient contact with the state or forum. Conclusion paragraph: In order for a court to have personal jurisdiction over a defendant, that defendant must have sufficient contact with the state or forum.
This can be established through various factors such as physical presence within the state, consent to jurisdiction, contract formation within the state, etc. If you’re facing a legal challenge and are unsure whether your chosen court has subject matter jurisdiction over your case, speak with an attorney who can help you assess your options.
