OPPORTUNITY TO BE HEARD

OPPORTUNITY TO BE HEARD

The defendant must also be given adequate time to prepare a defense and an opportunity to present that defense. In order for the state to “take” the defendant’s property from him (even if the taking is only temporary), the defendant must be given a chance to appear in court to tell his side of the story or to prove how plaintiff’s claims are wrong. The opportunity to defend is based on constitutional notions of fairness and substantial justice. 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.

Notice and Opportunity to be Heard

NOTICE AND OPPORTUNITY TO BE HEARD

Once it has been established that a court has the authority to hear a case between the parties before it, it must still be established that the defendant received adequate notice of the case against him. It is also important to note that one’s rights to notice and opportunity to be heard are fundamental rights guaranteed by the Constitution. However, there are specific limitations on these rights that require further discussion.

Notice

In order for the defendant to have received adequate notice, it is not necessary that he actually learned of the suit. Instead, courts only require that the procedures used to alert him to the impending suit must have been reasonably likely to inform him, even if they failed to do so. Nevada law requires in-hand personal service since in-hand service is still the best and surest way of satisfying the notice requirement. In-hand service can be achieved by leaving copies of the summons and complaint at the defendant’s dwelling with a person of suitable age and discretion. Nevada also allows for service by publication, but only in limited circumstances. Therefore, it is very important to pay attention to the type of service that you were afforded to determine whether or not it met the general standards required for notice. If it did not then you may be entitled to a dismissal of the action based on insufficiency of process. 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.

Subject Matter Jurisdiction

SUBJECT MATTER JURISDICTION

1. Diversity Suits

Diversity suits require additional considerations before a federal court will hear a particular case. In diversity suits an amount in controversy in excess of $75,000 must be in dispute. In addition, complete diversity is required, meaning no plaintiff is a citizen of the same state as any defendant. A corporation is deemed a citizen of any state where it is incorporated and of the state where it has its principal place of business. Thus, an adversary to a corporation must not be a citizen of the state in which a corporation is incorporated or maintains its principal place of business.

2. Federal Question Suits

A federal question suit is one arising under the Constitution, laws, or treaties of the United States. In general, the reason there is a federal question is that federal law is the source of the plaintiff’s claim.

3. Supplemental Jurisdiction

Under the doctrine of supplemental jurisdiction, if a basic controversy satisfies federal subject matter jurisdictional requirements, additional claims and additional parties may be brought into the litigation.

4. Removal

Under the doctrine of removal, any action brought in state court which the plaintiff could have brought in federal court may be transferred, or removed by the defendant to federal district court. But, it is important to note in diversity suits that the action may be removed only if no defendant is a citizen of the state in which the action is pending. 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.

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.

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.

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.