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According to a court's jurisdiction, in order to enter a judgment, what areas of...

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ltacher | Student, Undergraduate | Honors

Posted June 20, 2013 at 2:42 AM via web

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According to a court's jurisdiction, in order to enter a judgment, what areas of jurisdiction must be met?

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rienzi | Valedictorian

Posted June 24, 2013 at 11:36 PM (Answer #2)

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I am going to disagree with the above post. For a court to enter a valid judgment, it must have both subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction is exactly what it sounds like: jurisdiction of the subject of the case. A federal court can't hear divorces. State courts will not take a bankruptcy petition. Personal jurisdiction is the ability to enter a judgment against a particular person. Personal jurisdiction applies to persons. A state cannot grant a divorce to one spouse if it does not have personal jurisdiction over the other spouse. With out-of-state parties personal jurisdiction can be a problem.

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Kay Morse | College Teacher | (Level 1) Senior Educator

Posted June 20, 2013 at 10:25 PM (Answer #1)

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Your original question was a little unclear. I think you are asking about personal jurisdiction and subject-matter jurisdiction. In order for a court to enter a judgement in a case--indeed, in order for a court to hear a case--that court must have appropriate personal jurisdiction or subject-matter jurisdiction. If the court is found to not hold the appropriate jurisdiction over a type of claim, then any judgement rendered may be found void. Examples of subject-matter jurisdiction are medical malpractice and family law. Examples of personal jurisdiction are tort and contract law.

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