Monday, August 24, 2009
Subject Matter Jurisdiction
SUBJECT MATTER JURISDICTION (SMJ)
SMJ refers to the court’s power to hear cases of a particular type relating to a specific subject matter. Most courts hold that SMJ cannot be waived by the consent of the parties because the particular court lacks competency over the litigation. The United States Constitution grants courts their SMJ, in turn, giving state courts the authority to hear the vast majority of cases. United States Federal Courts have limited jurisdiction in that they can only hear two basic kinds of controversies to establish SMJ: (1) suits between citizens of different states (diversity jurisdiction); and (2) suits involving a federal question. The issues of supplemental jurisdiction and removal will be discussed following diversity and federal question suits. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.
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