How does a court prove jurisdiction over a case?

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How does a court prove jurisdiction over a case?

Asked on October 25, 2014 under Criminal Law, Idaho

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am not sure what you mean by the "court" proving it.  It jurisdiction has it or it doesn't.  The DA must establish that the court has the ability to hear the case.  There are two types of jurisdiction: subject matter and either jurisdiction. Personal jurisdiction is a constitutional requirement. A defendant has to have certain minimum contacts with the forum in which the court sits so that the court may exercise power over the defendant. Personal jurisdiction may be waived. Subject-matter jurisdiction is the requirement that the court have power to hear the specific kind of claim that is brought to that court. That can not be waived by any party. I would speak with a lawyer in your area asap if you think that either of these requirements is at issue. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am not sure what you mean by the "court" proving it.  It jurisdiction has it or it doesn't.  The DA must establish that the court has the ability to hear the case.  There are two types of jurisdiction: subject matter and either jurisdiction. Personal jurisdiction is a constitutional requirement. A defendant has to have certain minimum contacts with the forum in which the court sits so that the court may exercise power over the defendant. Personal jurisdiction may be waived. Subject-matter jurisdiction is the requirement that the court have power to hear the specific kind of claim that is brought to that court. That can not be waived by any party. I would speak with a lawyer in your area asap if you think that either of these requirements is at issue. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am not sure what you mean by the "court" proving it.  It jurisdiction has it or it doesn't.  The DA must establish that the court has the ability to hear the case.  There are two types of jurisdiction: subject matter and either jurisdiction. Personal jurisdiction is a constitutional requirement. A defendant has to have certain minimum contacts with the forum in which the court sits so that the court may exercise power over the defendant. Personal jurisdiction may be waived. Subject-matter jurisdiction is the requirement that the court have power to hear the specific kind of claim that is brought to that court. That can not be waived by any party. I would speak with a lawyer in your area asap if you think that either of these requirements is at issue. 


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