How does a court prove jurisdiction over a case?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How does a court prove jurisdiction over a case?
Asked on October 25, 2014 under Criminal Law, Idaho
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am not sure what you mean by the "court" proving it. It jurisdiction has it or it doesn't. The DA must establish that the court has the ability to hear the case. There are two types of jurisdiction: subject matter and either jurisdiction. Personal jurisdiction is a constitutional requirement. A defendant has to have certain minimum contacts with the forum in which the court sits so that the court may exercise power over the defendant. Personal jurisdiction may be waived. Subject-matter jurisdiction is the requirement that the court have power to hear the specific kind of claim that is brought to that court. That can not be waived by any party. I would speak with a lawyer in your area asap if you think that either of these requirements is at issue.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am not sure what you mean by the "court" proving it. It jurisdiction has it or it doesn't. The DA must establish that the court has the ability to hear the case. There are two types of jurisdiction: subject matter and either jurisdiction. Personal jurisdiction is a constitutional requirement. A defendant has to have certain minimum contacts with the forum in which the court sits so that the court may exercise power over the defendant. Personal jurisdiction may be waived. Subject-matter jurisdiction is the requirement that the court have power to hear the specific kind of claim that is brought to that court. That can not be waived by any party. I would speak with a lawyer in your area asap if you think that either of these requirements is at issue.
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
I am not sure what you mean by the "court" proving it. It jurisdiction has it or it doesn't. The DA must establish that the court has the ability to hear the case. There are two types of jurisdiction: subject matter and either jurisdiction. Personal jurisdiction is a constitutional requirement. A defendant has to have certain minimum contacts with the forum in which the court sits so that the court may exercise power over the defendant. Personal jurisdiction may be waived. Subject-matter jurisdiction is the requirement that the court have power to hear the specific kind of claim that is brought to that court. That can not be waived by any party. I would speak with a lawyer in your area asap if you think that either of these requirements is at issue.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.