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Subject-matter jurisdiction, also called jurisdiction ratione materiae, [1] is a legal doctrine regarding the ability of a court to lawfully hear and adjudicate a case. . Subject-matter relates to the nature of a case; whether it is criminal, civil, whether it is a state issue or a federal issue, and other substantive features of th
Personal jurisdiction is a court's jurisdiction over the parties, as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law involved in the suit.
This personal jurisdiction is specific to the act, and a party cannot be sued for unrelated activity. In many instances, state long-arm statutes extend personal jurisdiction to the extent allowed by the U.S. Constitution. There are two kinds of personal jurisdiction, general and specific jurisdiction: [2]
Because the need for minimum contacts is a matter of personal jurisdiction (the power of the court to hear the claim with respect to a particular party) instead of subject matter jurisdiction (the power of the court to hear this kind of claim at all), a party can explicitly or implicitly waive their right to object to the court hearing the case.
Territorial jurisdiction is to be distinguished from subject-matter jurisdiction, which is the power of a court to render a judgment concerning a certain subject matter, or personal jurisdiction, which is the power of a court to render a judgment concerning particular persons, wherever they may be.
In making this determination, the court will use the same analysis that it uses to determine whether it has jurisdiction over any party. Firstly, it must determine whether it can exercise personal jurisdiction over the party. Secondly, it must determine whether the exercise of personal jurisdiction will affect its subject matter jurisdiction.
It ruled that jurisdiction must be established primarily on the basis of objective factors that connect the legal situation or the subject matter of the litigation with the forum. In a case concerning a tort, the following factors are presumptive connecting factors that, prima facie , entitle a court to assume jurisdiction over a dispute:
Canadian courts can exercise discretion to decline jurisdiction over claims for wages where the accredited representative of the state to which the ship belongs objects to the exercise of jurisdiction. The court cannot acquire jurisdiction by consent of the parties if there is an absolute absence of jurisdiction in respect of the subject-matter ...