Sei sulla pagina 1di 3
 
Subject-matter jurisdiction
This entry contains information applicable to United States law only.
The power of a court to hear and determine cases of the general class to which the proceedings inquestion belong.
For a court to have authority to adjudicate a dispute, it must have jurisdictionover the parties and over the type of legal issues in dispute. The first type of jurisdiction is called personal jurisdiction; the other is subject matter jurisdiction. Personal jurisdiction will be found if the persons involved in the litigationare present in the state or are legal residents of the state in which the lawsuit has been filed, or if thetransaction in question has a substantial connection to the state.Subject matter jurisdiction refers to the nature of the claim or controversy. The subject matter may be acriminal infringement, medical malpractice, or the probating of an estate. Subject matter jurisdiction isthe power of a court to hear particular types of cases. In state court systems, statutes that createdifferent courts generally set boundaries on their subject matter jurisdiction. One state court or another has subject matter jurisdiction of any controversy that can be heard in courts of that state. Some courtsspecialize in a particular area of the law, such as probatelaw, family law, or juvenile law. A person who seeks custody of a child, for example, must go to a court that has authority in guardianship matters. Adivorcecan be granted only in a court designated to hear matrimonial cases. A person charged with afelonycannot be tried in a criminal court authorized to hear onlymisdemeanor cases. In addition to the legal issue in dispute, the subject matter jurisdiction of a court may be determined bythe monetary value of the dispute — the dollar amount in controversy. Small claims courts, also knownasconciliationcourts, are limited by state statutes to small amounts of money in controversy, rangingfrom $1,000 to $5,000 depending upon the state. Therefore, if a plaintiff sues a defendant in smallclaims court for $50,000, the court will reject the lawsuit because it lacks subject matter jurisdiction based on the amount in controversy. The amount in controversy limitations are designed to regulate theflow of litigation in the various courts of the state, ensuring that complicated disputes over large sumsof money will be heard in courts that have the time and resources to hear such cases.The U.S. Constitution gives jurisdiction over some types of cases tofederal courts only. Cases involvingambassadors and consulsor public ministers, admiralty and maritime cases, and cases inwhich the United States is a party must be heard in federal courts. Congress has also created subjectmatter jurisdiction by statute, mandating that antitrust suits, mostsecuritieslawsuits, bankruptcy  proceedings, and patent andcopyrightcases be heard in federal courts. The Constitution also allows federal district courts to hear cases involving any rights or obligations thatarise from the Constitution or other federal law. This is calledfederal questionjurisdiction. Federalcourts also have diversity jurisdiction, which gives the courts authority to hear cases involving disputesamong citizens of different states. If, however, the amount in controversy is less than $10,000, federalquestion and diversity jurisdiction will not apply, and the case must be brought in state court. Even if the $10,000 amount is satisfied, a plaintiff may start the lawsuit in state court. A defendant, however,may seek to have the case moved to the federal court in that state by filing a transfer request called a
 Subject-matter jurisdiction1 of 3
 
removalaction.A defendant who believes that a court lacks subject matter jurisdiction to hear the case may raise thisissue before the trial court or in anappealfrom the judgment.If a defect in subject matter jurisdiction is found, the judgment will usually be rendered void, having no legal force or binding effect. 
Subject-matter jurisdiction
is the authority of a courtto hear  cases of a particular type or cases relating to a specific subjectmatter. For instance, bankruptcy court has the authority to onlyhear bankruptcy cases.Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgmentagainst a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning eventsthat 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 didnot 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 noticeare the three most fundamental constitutional requirements for a valid judgment.
State courts
In the United States, many state court systems are divided into divisions such ascriminal,civil law,family, and  probate. A court within any one of those divisions would lack subject-matter  jurisdiction to hear a case regarding matters assigned to another division. MostU.S. statecourt systems, however, include asuperior courtthat has "general" jurisdiction; that is, it iscompetent to hear any case over which no other tribunal hasexclusive jurisdiction. Because the United States federal courtshave exclusive jurisdictionover a very small percentage of cases (e.g.,copyrightand  patentdisputes), state courts have the authority to hear the vast majority of cases.
 Subject-matter jurisdiction2 of 3
 
U.S. federal courts
Subject-matter jurisdiction is significantly more limited inUnited States federal courts. The maximalconstitutional 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 StatesCongresshas not extended federal courts' subject-matter jurisdiction to its constitutional limits. For example, the amount-in-controversy requirement for diversity jurisdictionis 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 arefederal question jurisdictionand diversity jurisdiction. 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. Theenabling statute for diversity jurisdiction, 28 U.S.C. § 1332, grants the district courts jurisdiction in anaction 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 haveremoval jurisdiction, which is the authority to try cases removed by defendantsfrom state courts. The contours of removal jurisdiction are almost identical to those of original jurisdiction. Seeremoval jurisdictionfor more information.According to Rule 12(h)(3) of theFederal Rules of Civil Procedure, a federal court must dismiss a casefor lack of subject-matter jurisdiction upon motion of a party or 
, upon its own initiative.[1]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 18 U.S.C. § 3231.
External links
 Subject-matter jurisdiction3 of 3

Premia la tua curiosità

Tutto ciò che desideri leggere.
Sempre. Ovunque. Su qualsiasi dispositivo.
Nessun impegno. Annulla in qualsiasi momento.
576648e32a3d8b82ca71961b7a986505