Civil Litigation and Federal Courts
Define Jurisdiction Jurisdiction is the power a court has to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases enforceable by law or the constitution (Hill, G. , & Hill, K. (n. d. Based off of this definition, determining the jurisdiction of a case seems vital because this would determine which court would try the case. (n. d. To have complete jurisdiction over a case, a federal trial court must have both jurisdictions over the parties or things (personal jurisdiction) and jurisdiction over the subject matter. This rule applies to every cause of action and every party in a case. For example, if the court has the requisite jurisdiction for counts one through seven of a complaint, counterclaim, cross claim or impleader, but is lacking subject matter jurisdiction over count eight, the court may not hear count eight” (Jurisdiction over the Subject Matter of the Action (Subject Matter Jurisdiction (n.
d. Motions to dismiss arise when the court is violating jurisdiction by hearing the case, wrong venue, when the plaintiff fails to accurately state a claim or when there is a dispute concerning the inclusion of all necessary parties in the case to facilitate a fair judgment. Define Enforcing a Judgment Judgment can be executed in number of ways depending on the nature of the case. In criminal law, a judgment is enforced by the government. The judgment in a criminal matter often results in the imposition of a jail sentence or other penalty, which government authorities will themselves enforce. ADR means "alternative dispute resolution" and encompasses many alternatives to litigation of civil disputes, of which mediation and arbitration are the best-known examples.
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