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  • JURISDICTION OVER THE SUBJECT MATTER Vs JURISDICTION OVER THE PERSON

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    JANE MARIE DOROMAL
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    The document compares and contrasts jurisdiction over subject matter versus jurisdiction over parties or persons. It defines each type of jurisdiction and how it is acquired. Jurisdiction over subject matter refers to the authority of a court to hear a certain type of case, which is conferred by law. Jurisdiction over parties refers to the power of the court over individuals in a case, which can be acquired through voluntary appearance or legal process. The document notes that lack of subject matter jurisdiction cannot be waived or cured, but lack of personal jurisdiction can be if the party does not raise the issue at the start of the case.

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    Civil Procedure

    Original Title

    JURISDICTION OVER THE SUBJECT MATTER vs JURISDICTION OVER THE PERSON

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    The document compares and contrasts jurisdiction over subject matter versus jurisdiction over parties or persons. It defines each type of jurisdiction and how it is acquired. Jurisdiction over subject matter refers to the authority of a court to hear a certain type of case, which is conferred by law. Jurisdiction over parties refers to the power of the court over individuals in a case, which can be acquired through voluntary appearance or legal process. The document notes that lack of subject matter jurisdiction cannot be waived or cured, but lack of personal jurisdiction can be if the party does not raise the issue at the start of the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    16 views1 page

    JURISDICTION OVER THE SUBJECT MATTER Vs JURISDICTION OVER THE PERSON

    Uploaded by

    JANE MARIE DOROMAL
    The document compares and contrasts jurisdiction over subject matter versus jurisdiction over parties or persons. It defines each type of jurisdiction and how it is acquired. Jurisdiction over subject matter refers to the authority of a court to hear a certain type of case, which is conferred by law. Jurisdiction over parties refers to the power of the court over individuals in a case, which can be acquired through voluntary appearance or legal process. The document notes that lack of subject matter jurisdiction cannot be waived or cured, but lack of personal jurisdiction can be if the party does not raise the issue at the start of the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 1

    JURISDICTION OVER THE SUBJECT MATTER vs.

    JURISDICTION OVER THE PERSON/PARTIES

    CHARACTERISTIC OVER THE SUBJECT MATTER OVER THE PERSON


    DEFINITION The power to determine and hear The power of the court to render
    cases of general class to which the personal judgement against a party
    proceedings in question belong. to an action or proceeding by
    voluntary appearance or his
    submission to its authority, or
    acquired by a coercive power of
    legal process exerted over their
    persons.
    HOW IS IT ACQUIRED Conferred by law and through the Acquired in two instances: (1)
    allegation in the complaint Voluntary Appearance, or (2)
    Coercive power of legal process
    ABILITY TO BE Lack of jurisdiction over the subject Lack of jurisdiction over the person
    WAIVED OR matter is not waivable, or cannot be may be cured by waiver, consent,
    DISPENSED WITH cured by failure to object or by silence, or failure to object
    silence or consent.
    RESULT TO Case may be dismissed at any time if Case may proceed even if
    PROCEEDING IN CASE jurisdiction is found to be lacking. jurisdiction is found lacking if
    OF DEFECT defendant fails to raise issue at start
    of proceeding

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