Subject-Matter Jurisdiction
- Subject-Matter Jurisdiction
- "Legal Lexicon":
SUBJECT-MATTER JURISDICTION - Subject matter is the cause, the object, the thing in dispute.
The authority of a court to decide a particular type of case is called subject- matter jurisdictionand is is set by the federal or state Constitution, or by state statutes.
In order for a court to have subject-matter jurisdiction over a divorce action, at least one spouse must have lived in the county where the court is located for a certain period of time. Some states also require the spouse to have lived within the state for a certain length of time, usually a few months longer than the time in the county. For example, to obtain a divorce in California, a person must have lived in California for at least six months, and in the particular county in which he wants to obtain the divorce for at least three months. In Illinois, a person must have lived in the state for ninety days, in New York and New Jersey, the requirement is one year. In Texas, a person must have lived in the state for six months and in the particular county in which she wants to obtain the divorce for at least ninety days.
It is a fatal objection to the jurisdiction of the court when it has not cognizance of the subject-matter of the action; as, if a cause exclusively of admiralty jurisdiction were brought in a court of common law, or a criminal proceeding in a court having jurisdiction of civil cases only. In such case, neither a plea to the jurisdiction, nor any other plea would be required to oust the court of jurisdiction. The cause might be dismissed upon motion, by the court, ex officio.
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English-Chinese law dictionary (法律英汉双解大词典).
2013.
Look at other dictionaries:
Subject-matter jurisdiction — is the authority of a court 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… … Wikipedia
subject matter jurisdiction — see jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. subject matter jurisdiction … Law dictionary
subject matter jurisdiction — noun In the law of civil procedure, the ability of a court to hear a case based on the authority granted to the court to hear that particular type of case. The divorce court was overturned when it rendered a criminal conviction against a party,… … Wiktionary
subject matter jurisdiction — Term refers to court s power to hear and determine cases of the general class or category to which proceedings in question belong; the power to deal with the general subject involved in the action. Standard Oil Co. v. Montecatini Edison S. p. A … Black's law dictionary
subject-matter jurisdiction — Term refers to court s power to hear and determine cases of the general class or category to which proceedings in question belong; the power to deal with the general subject involved in the action. Standard Oil Co. v. Montecatini Edison S. p. A … Black's law dictionary
Subject matter — may refer to:* patentable subject matter (or statutory subject matter), defining whether patent protection is available * subject matter jurisdiction, determining the kinds of claims or disputes over which a court has jurisdiction * Subject… … Wikipedia
subject matter — I noun content, contents, context, framework, import, material, matter, scope, study, substance, sum and substance, text, writing associated concepts: subject matter jurisdiction II index content (meaning) … Law dictionary
jurisdiction of the subject matter — Power of a particular court to hear the type of case that is then before it. Alfaro v. Meagher, 27 Ill.App.3d 292, 326 N.E.2d 545, 548. Term refers to jurisdiction of court over class of cases to which particular case belongs, Ferree v. Ferree,… … Black's law dictionary
jurisdiction of the subject matter — Power of a particular court to hear the type of case that is then before it. Alfaro v. Meagher, 27 Ill.App.3d 292, 326 N.E.2d 545, 548. Term refers to jurisdiction of court over class of cases to which particular case belongs, Ferree v. Ferree,… … Black's law dictionary
subject matter of action — See jurisdiction of the subject matter; subject of the action … Ballentine's law dictionary
jurisdiction of the subject matter — The power of a court to hear and determine cases of the general class to which the action in question belongs. Schillerstrom v Schillerstrom, 75 ND 667, 32 NW2d 106, 2 ALR2d 271. A jurisdiction not dependent upon the state of facts which may… … Ballentine's law dictionary
