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17857Jurisdiction

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  • Barry
    Sep 13, 2010

      A search at www.versuslaw.com for the phrase "lack of jurisdiction" turned up over 200 results. I learned quite a bit about jurisdiction, both civil and criminal, by just perusing a few of the cases.

       

      A few things I already knew about jurisdiction to be researched in whatever state you are in for applicability:

       

      A court always has jurisdiction to determine if it has jurisdiction

       

      Filing a motion cannot confer subject matter jurisdiction when there is none.

       

      Plea in abatement, plea in bar, and special appearance are now embodied in Rule 12 of both civil and criminal rules when your state uses a federal numbering system. It is no longer necessary to invoke the magic words "appearing specially", it is now possible to raise that single issue via motion.

       

      With respect to personam jurisdiction (jurisdiction over the person), if you put in any other motions, raise any other issues in your motion, or, file any other motion raising any other issue besides the issue of personam jurisdiction you cure the lack of personam jurisdiction issue for your opponent and waive the issue.

       

      When jurisdiction is challenged, the burden is on the one asserting it to prove it. If a judge sets out to prove his jurisdiction for one of the parties, he just showed his bias because he carried one of the parties burden.

       

      Federal district courts are courts of limited jurisdiction. Pleadings invoking their jurisdiction must have a jurisdictional statement. Any state court that has a jurisdictional Dollar amount or is limited to hearing misdemeanors or petty offenses is a court of limited jurisdiction. If the court can hear felony charges and civil matters of any amount it is a court of general jurisdiction whose jurisdiction is only limited by statute. No jurisdictional statement is required in pleadings invoking a court of general jurisdictions jurisdiction.

       

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