Jurisdiction In Cleveland Municipal Court

    Limited jurisdiction courts only have jurisdiction in specific in only well-defined areas of law. General jurisdiction courts have general jurisdiction over all subject matters within their local jurisdiction.

Jurisdiction and venue are both very important factors in the court of law. Jurisdiction is the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and over certain types of legal cases. Venue on the other hand is the proper or most convenient location for trial of a case, usually the district of county where the crime was committed. Jurisdiction and venue share similarities as well as differences. These two are similar because they both deal with the location of the case, however they are different because jurisdiction deals more so with power, and venue refers to the county or district within a state of the U.S. where the lawsuit is to be tried.

The main differences between federal and state courts falls under jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear.

Subject matter jurisdiction allows a court the authority to only hear case that are in regards to a specific topic. Although restrictive in its ability to hear cases based on the topic, subject matter jurisdiction can specialize in a specific case type. Courts such as tax, federal claims and bankruptcy are examples courts which have subject matter jurisdiction.

A federal court's power to hear any case where the amount in controversy exceeds $75,000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court.

The life of every American citizen, whether they realize it or not, is influenced by one entity--the United States Supreme Court. This part of government ensures that the freedoms of the American people are protected by checking the laws that are passed by Congress and the actions taken by the President. While the judicial branch may have developed later than its counterparts, many of the powers the Supreme Court exercises required years of deliberation to perfect. In the early years of the Supreme Court, one man’s judgement influenced the powers of the court systems for years to come. John Marshall was the chief justice of the Supreme Court from 1801 to 1835, and as the only lasting Federalist influence in a newly Democratic-Republican

Reasoning: Determining jurisdiction is critical because jurisdiction not only allows the party to know whether that court is entitled to adjudicate a dispute, but it can also help determine which laws are applicable, which can make a difference in a party's recovery. For example, Georgia and Delaware might have different laws regarding damages so that Elle may have an advantage in one court as compared to another court. In order for a court to be able to exercise jurisdiction, the court must have some connection to either the parties or to the event in question. Therefore, the possibilities for jurisdiction include: the district court for the state of Georgia, the district court for the state of Delaware, or one of the state courts for either Georgia or Delaware. In order for federal jurisdiction to apply, the circumstances of the case must meet the requirements for diversity jurisdiction. Diversity jurisdiction refers to that federal court jurisdiction involved when the parties involved are from two

The subject matter jurisdiction is the courts authority to judge particular lawsuits in federal or state courts. As discussed in the textbook, “Subject-matter jurisdiction determines which court system may hear a particular case” (Kubasek, pg.44, 2009). Novelty One’s website states that all complaints must be settled with the state of Florida when filed against Funny Face or Novelty One. Therefore, the lawsuit against Novelty One will need to be filed with the state of Florida courts.

Before the Supreme Court case of Mapp vs. Ohio in 1960, the states were able to interpret the Fourth Amendment of the Constitution, which covers the search and seizure of individuals and their property. Interpretation caused the states to disagree on what was justifiable search and seizure according to the constitution. Under the Fourth Amendment, a court issued warrant along with probable cause was required for search and seizures. The states all had different opinions of the definition of what an unreasonable search or seizure was. Therefore, each state’s enforcement was different.

In the years before 1830 Cleveland was not yet considered a city as it is known today. No crowded streets, no traffic, no skyscrapers, or residential neighborhoods. Cleveland was only a small village. In 1824, Cleveland was a town with nine stores and three taverns (Miller, 1997; Wheeler 1997). Since the village was so small everyone knew each other. Cleveland served mainly as a meeting place for local farmers. Farmers sent their produce to Buffalo and New York City. It was anticipated that the population would grow to 500 citizens by 1825. Why was this drastic change going to happen? The State of Ohio had made a very important decision in 1825. The State had decided to locate the Northern end

In the case of Margolin v. Novelty Now the appropriate court for this lawsuit depends upon several factors. In personal jurisdiction the book states that the courts are given the power to provide a decision in affecting the rights of individuals (Kubasek). In this case, the court will give a decision giving rights to Mr. Margolin, and taking rights from Novelty Now. For subject matter jurisdiction, a certain specified court will be able to hear the case This means, that it must be decided which court hears the case, whether state or federal jurisdiction. Since this case contains three different states, the federal court system must be the one to hear the case. In this case, minimum contacts must be determined to decide if a certain state will have power to assert personal jurisdiction over a defendant from another state (Kubasek). In this case, it must be decided if New York will take personal jurisdiction of the defendants residing in California, or Novelty Now residing in Florida.

In the following paper I will be looking at two cases which involve problems when it comes to the issue of Jurisdiction in the court system. The first one that will be looked at is Smiley vs. United States which involve international issues and the second one that will be looked at is the case of the mass shooting involving Jared Lee Loughner as the guilty party in the case. One of these cases was handled correctly and one of them was not based on my personal opinion. But of course in the end, all that matters is that the court made the right decision and yes in my personal opinion I think that both of these courts made the right choice based on the cases.

Jurisdiction refers to the authority that courts have in order to have the ability to try cases and make verdicts. The importance of jurisdiction in international courts cannot be stressed enough. It is essential to have proper jurisdiction so that every international case is reviewed carefully and fairly. Many issues are present in this area such as the failure of cooperation between nations along with the failure of nations to create a proper process for the jurisdiction in international courts. Another pressing issue would be exercising of jurisdiction by two countries with failure to recognize which country has jurisdiction.

     The court has the power to punish neglection, violation of duty, or any other misconduct. Also a non-payment of a sum of money, ordered by the court to be paid can lead to contempt of court. Another type of contempt is whether the contempt charged is civil or criminal in nature. The difference between civil and criminal contempt is the remedy sought. If the purpose of the contempt order is remedial, such as to

American Jurisprudence has developed throughout the years because of the advancement with jails, and prisons. American Jurisprudence is an encyclopedia of the written legal laws published within lawyers. Courts have three types of jurisdiction; personal jurisdiction, territorial jurisdiction, and subject matter jurisdiction. In order for court to personal jurisdiction against the defendant, the defendant must accept the documents sent by the court. Whether a court can oversee the situation is known as territorial jurisdiction, it is all about the location. For example, if the incident were to happen in Los Angeles, and both drivers live in Rialto, both courts are eligible to deal with it. Subject matter is whether the court can hear it based on that specific subject. For example, the United States has bankruptcy courts and tax courts to specifically hear cases related to that. Jurisdiction in the United states is split up into subject matter jurisdiction and personal jurisdiction. The court decides whether