Three (3) Types of Jurisdiction

THREE (3) TYPES OF JURISDICTION

There are three kinds of jurisdiction which a court may exercise over the parties: (1) in personam; (2) in rem; and (3) quasi in rem. Each of which will be discussed below.

1. In Personam

In personam jurisdiction is jurisdiction over the defendant’s person, thus giving the court the power to render the individual personally liable. This judgment can then be sued upon in other states, and all of this individual’s assets may be seized to satisfy the judgment.

2. In Rem

In rem refers to jurisdiction over a thing, giving the court power to adjudicate a claim made about a status or piece of property. An action to pronounce a marriage dissolved or an action to quiet title to a piece of real estate are just some examples.

3. Quasi in Rem

Quasi in rem jurisdiction refers to a legal action based on property rights of a person absent from the jurisdiction. In essence, the state can assert power over an individual simply based on the fact that this individual has property (bank account, debt, share of stock, land) in the state. As such, the judgment cannot be sued upon in other states since in personam jurisdiction is unattainable. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

Jurisdiction Over Corporations

JURISDICTION OVER CORPORATIONS

Jurisdiction over corporations can be established if: (1) the corporation is incorporated within the forum state; or (2) it has sufficient minimum contacts with the forum state (does business within the state). If neither of these standards are met, the corporation cannot be subjected to jurisdiction within the forum state. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

Jurisdiction Over Individuals

JURISDICTION OVER INDIVIDUALS

Jurisdiction can be established for individuals upon a showing of: (1) presence within the forum state (or the state in which the court sits); (2) domicile within the state; (3) consent to being sued within the state (generally done by appearing in court without raising jurisdictional question); (4) tortious acts committed within the state (many states have laws allowing their courts to exercise jurisdiction over non-resident motorists who have been involved in accidents in the state) and (5) business done within a state to name just a few. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

Two Types of Jurisdiction

TWO TYPES OF JURISDICTION

Before a court can decide a case it must have jurisdiction over the parties as well as the
subject matter. These two types of jurisdiction will be discussed below.

A. Jurisdiction Over the Parties

There are two distinct requirements that must be met before a court can be said to have jurisdiction over the parties: (1) the court must have the power to act, either upon given property, or upon the person himself, so as to subject him to personal liability; and (2) the court must give the defendant adequate notice of a pending action against him, coupled with an opportunity to be heard. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

I've Just Been Sued - The Basics of Civil Litigation in Nevada

I. WHAT IS VENUE?

Venue refers to the place within a jurisdiction in which a given action is brought before a court. In state trials, venue is determined by statute. In general, venue is authorized based on the county or city where the defendant resides, where the cause of action arose, or where the defendant does business. In some circumstances the county within a state may refuse to hear the case and shifts it to another venue within the state. In other cases the state as a whole will refuse to hear the case. In any event, when this occurs it is usually the handiwork of the defendant and his effort to either dismiss or remove the case from a particular venue.

In federal actions, a suit can be brought within a particular venue only if the district satisfies both the venue and personal jurisdiction requirements (discussed below) as to all defendants involved. There are three basic ways to establish venue within a particular district: (1) if any defendant resides in that district, and all defendants reside in the state containing that district; (2) if a substantial part of the events giving rise to the claim occurred, or a substantial part of property that is subject of the action is situated in the district; and (3) if at least one defendant is “reachable” in the district, or he is subject to personal jurisdiction. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

Choosing the Best Entity for You - Difference Between S Corporations and C Corporations

Difference between S Corporations and C Corporations

Both S and C Corporations allow for limited liability of the shareholders, officers and directors. C Corporations have no limitations as to the number of shareholders. In addition, shareholders do not need to be residents or citizens of the U.S. In addition, C Corporation shareholders can be any type of business entity. In contrast, an S Corporation limits the number of shareholders to 75. An S Corporation may not have non-resident alien shareholders and only individuals, estates or certain types of trusts can be granted shareholder status. Global Business Lawyers Nevada Business Lawyers Lovaas & Lehtinen, P.C.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.

Choosing a Business Entity - Corporations

Corporations

One of the most commonly recognized business entities is a corporation. A corporation is considered a person in regards to the rights and duties imposed on it by law. Stockholders merely hold an ownership interest in the corporation through shares and are not liable for the acts of the corporation. If the corporation is formed in Nevada, then the corporation will be considered a citizen of Nevada. Lovaas & Lehtinen, P.C. Nevada Business Lawyers - Global Business Lawyers.

Disclaimer: This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. If you have questions or need specific advice relating to the matters contained herein, please contact Lovaas & Lehtinen, P.C.