Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity.
To decide a case, a court must have a combination of subject (subjectam) and either personal (personam) or territorial (locum) jurisdiction.
Subject-matter jurisdiction, personal or territorial jurisdiction, and adequate notice are the three most fundamental constitutional requirements for a valid judgment.
By far the most important two categories of federal subject-matter jurisdiction are federal question jurisdiction and diversity jurisdiction. The enabling statute for federal question jurisdiction, 28 U.S.C. § 1331, provides that the district courts have subject-matter jurisdiction in all civil actions arising under the Constitution, laws, or treaties of the United States. As mentioned before, this jurisdiction is ordinarily not exclusive; states too can hear claims based on federal law. The enabling statute for diversity jurisdiction, 28 U.S.C. § 1332, grants the district courts jurisdiction in an action that meets two basic conditions:
Federal courts also have removal jurisdiction, which is the authority to try cases removed by defendants from state courts. The contours of removal jurisdiction are almost identical to those of original jurisdiction. See removal jurisdiction for more information.
Proof Of Alleged Patent Or Copyright Infringement In The United States Is Required To Prevail On The Merits, But Not For Establishing Subject Matter Jurisdiction.
Jun 12, 2008; In Litecubes, LLC v. Northern Light Products, Inc., No. 06-1646 (Fed. Cir. Apr. 28, 2008), the Federal Circuit affirmed the...
First Circuit specifies, as matter of first impression, circumstances under which Lanham Act grants subject matter jurisdiction over extraterritorial conduct by foreign defendants under effects test.
Aug 01, 2005; Cecil McBee is an American Jazz musician. A Japanese company, Delica Co., Ltd. (Delica) chose that name for its adolescent female...
Supreme Court Holds That Copyright Act Does Not Restrict A Federal Court's Subject-Matter Jurisdiction Over Infringement Claims Involving Unregistered Works.(Case overview)
Mar 23, 2010; On March 2, 2010, the Supreme Court issued a decision holding that the Copyright Act's requirement that copyright owners must...