ch 6: jurisdiction

subject matter jurisdiction

• authority of court to determine the actual issue between parties

courts of original jurisdiction

• authority of court to determine rights and obligations of parties in a lawsuit

ancillary jurisdiction

• authority of a court over related issues in a case that is subject to the court’s authority on other grounds

pendent jurisdiction

• authority of a federal court presented with federal claim, to also determine interrelated claims based on state law

in personam jurisdiction

• authority of court to render and enforce rulings over a particular individual and the individual’s property

in rem

• authority of a court over a specific item of property regardless of who claims the property

quasi in rem

• authority of a court over a person’s interest in certain property

federal question jurisdiction

• authority of a federal court to hear a case on the basis of Constitution and other federal law

concurrent jurisdiction

• situation in which more than one court has authority to hear particular case

diversity of citizenship

• all parties to lawsuit must have citizenship in diff. states than opposing party

motion to remand

• motion filed for court to check if federal jurisdiction exists

registered agent

• person in state that accepts notice on behalf of corporation of lawsuits filed in state courts

nerve center test

• legal analysis to identify location of administration of corp

forum non conveniens

• court holds discretion from hearing case if it believes other court with jurisdiction more convenient

unequal balancing test

• determination if venue should be changed