All Topics  
Subject-matter jurisdiction

 

   Email Print
   Bookmark   Link






 

Subject-matter jurisdiction



 
 
Subject-matter jurisdiction is the authority of a court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court has the authority to only hear bankruptcy cases.

Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction
Territorial jurisdiction

Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory....
, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory.






Discussion
Ask a question about 'Subject-matter jurisdiction'
Start a new discussion about 'Subject-matter jurisdiction'
Answer questions from other users
Full Discussion Forum



Encyclopedia


Subject-matter jurisdiction is the authority of a court
Court

A court is a body, often a government institution, with the authority to adjudication legal disputes and dispense private law, criminal justice, or administrative law justice in accordance with rules of law....
 to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court has the authority to only hear bankruptcy cases.

Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction
Territorial jurisdiction

Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory....
, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity.

To decide a case, a court must have a combination of subject (subjectam) and either personal (personam) or territorial (locum) jurisdiction.

Subject-matter jurisdiction, personal or territorial jurisdiction, and adequate notice
Notice

Notice is the legal concept describing a requirement that a party be aware of legal process affecting their rights, obligations or duties. There are several types of notice: public notice , actual notice, constructive notice, and implied notice....
 are the three most fundamental constitutional requirements for a valid judgment.

State courts

In the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
, many state court systems are divided into divisions such as criminal
Criminal law

The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply....
, civil law
Civil law (common law)

Civil law, as opposed to criminal law, refers to that branch of law dealing with disputes between individuals and/or organizations, in which damages may be awarded to the victim....
, family
Family court

For family court in Hong Kong, see Family Court A family court is a court convened to decide matters and make court order in relation to family law, such as child custody....
, and probate
Probate

Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will....
. A court within any one of those divisions would lack subject-matter jurisdiction to hear a case regarding matters assigned to another division. Most U.S. state
U.S. state

A U.S. state is any one of the 50 state of the United States that share sovereignty with the federal government of the United States . Because of this shared sovereignty, an United States is a citizen both of the federal entity and of his or her state of Domicile ....
 court systems, however, include a superior court
Superior court

In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases....
 that has "general" jurisdiction; that is, it is competent to hear any case over which no other tribunal has exclusive jurisdiction
Exclusive jurisdiction

In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a Legal case to the exclusion of all other courts....
. Because the United States federal courts have exclusive jurisdiction
Exclusive jurisdiction

In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a Legal case to the exclusion of all other courts....
 over a very small percentage of cases (e.g., copyright
Copyright

Copyright is a form of intellectual property which gives the creator of an original work exclusive rights for a certain time period in relation to that work, including its publication, distribution and adaptation; after which time the work is said to enter the public domain....
 and patent
Patent

A patent is a set of exclusive rights granted by a state to an inventor or his assignee for a term of patent in exchange for a disclosure of an invention....
 disputes), state courts have the authority to hear the vast majority of cases.

U.S. federal courts

Subject-matter jurisdiction is significantly more limited in United States federal courts
United States federal courts

The United States federal courts comprises the Judiciary of government organized under the United States Constitution and Law of the United States of the federal government of the United States....
. The maximal constitutional bounds of federal courts' subject-matter jurisdiction are defined by Article III Section 2 of the U.S. Constitution. Federal courts' actual subject-matter jurisdiction derives from Congressional enabling statutes, such as 28 U.S.C. §§ 1330-1369 and 28 U.S.C. §§ 1441-1452. The United States Congress
United States Congress

The United States Congress is the Bicameralism legislature of the Federal government of the United States of the United States of America, consisting of two houses, the United States Senate and the United States House of Representatives....
 has not extended federal courts' subject-matter jurisdiction to its constitutional limits. For example, the amount-in-controversy requirement for diversity jurisdiction
Diversity jurisdiction

In United States law, diversity jurisdiction is a concept used in civil procedure to refer to the situation in which a U.S. United States district court has subject matter jurisdiction to hear a civil case because the parties are "diverse" in citizenship, which generally indicates that they are citizens of different U.S....
 is based on 28 U.S.C. § 1332, not a constitutional restriction. Moreover, Congress could constitutionally overrule the complete-diversity rule in diversity cases.

By far the most important two categories of federal subject-matter jurisdiction in non-criminal cases are federal question jurisdiction
Federal question jurisdiction

Federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the U.S....
 and diversity jurisdiction
Diversity jurisdiction

In United States law, diversity jurisdiction is a concept used in civil procedure to refer to the situation in which a U.S. United States district court has subject matter jurisdiction to hear a civil case because the parties are "diverse" in citizenship, which generally indicates that they are citizens of different U.S....
. The enabling statute for federal question jurisdiction, 28 U.S.C. § 1331, provides that the district courts have subject-matter jurisdiction in all civil actions arising under the Constitution, laws, or treaties of the United States. As mentioned before, this jurisdiction is ordinarily not exclusive; states too can hear claims based on federal law. The enabling statute for diversity jurisdiction, 28 U.S.C. § 1332, grants the district courts jurisdiction in an action that meets two basic conditions:
  • Complete diversity requirement. No defendant is a citizen of the same state as any plaintiff.
  • Amount in controversy requirement. The matter in controversy exceeds $75,000.
Federal courts also have removal jurisdiction
Removal jurisdiction

In the United States, removal jurisdiction refers to the right of a defendant to move a lawsuit filed in state court to the Federal district court of the original court's district....
, which is the authority to try cases removed by defendants from state courts. The contours of removal jurisdiction are almost identical to those of original jurisdiction. See removal jurisdiction
Removal jurisdiction

In the United States, removal jurisdiction refers to the right of a defendant to move a lawsuit filed in state court to the Federal district court of the original court's district....
 for more information.

According to Rule 12(h)(3) of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure

The Federal Rules of Civil Procedure are rules governing civil procedure in United States district courts, that is, court procedures for civil suits....
, a federal court must dismiss a case for lack of subject-matter jurisdiction upon motion of a party or sua sponte
Sua sponte

Sua sponte, Latin for "of one's own accord," is a legal term that means to act spontaneously without prompting from another party. The term is usually applied to actions by a judge, taken without a prior motion or request from the parties....
, upon its own initiative.

In federal criminal cases (offenses against the laws of the United States), the federal district courts of the United States have subject matter jurisdiction granted under .

External links