tailieunhanh - Gale Encyclopedia Of American Law 3Rd Edition Volume 6 P11

Gale Encyclopedia of American Law Volume 6 P11 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 88 JURISDICTIONAL DISPUTE federal diversity case if all opposing parties live in separate states and the amount in controversy exceeds 75 000. If the opposing parties live in the same state the case may still qualify for federal subject matter jurisdiction if there is some remaining citizenship diversity between parties. For example assume that a person is acting as a stakeholder by holding property for a third party. If ownership of the property is in dispute the stakeholder may join the defendants in the suit to avoid liability to any of the parties. Such a case may be filed in federal court if a defendant lives in a different state even if one of the defendants lives in the same state as the stakeholder or in the same state as the other defendants. State and Federal Criminal Court Jurisdiction Personal Jurisdiction Personal jurisdiction in a criminal case is established when the defendant is accused of committing a crime in the geographic area in which the court sits. If a crime results in federal charges the federal court that sits in the state where the offense was committed has personal jurisdiction over the defendant. In a conspiracy case the defendants may face prosecution in any jurisdiction in which a conspiratorial act took place. This can include a number of states if at least one conspirator crossed state lines or if the conspiracy involved criminal acts in more than one state. kidnapping is another crime that can establish personal jurisdiction in courts in more than one state if it involves crossing state lines. Subject Matter Jurisdiction in criminal cases the question of jurisdiction is relatively simple. Subject matter jurisdiction is easily decided because criminal courts or the courts of general jurisdiction have automatic subject matter jurisdiction over criminal cases. in most states minor crimes may be tried in one court and more serious crimes in another. in idaho for example criminal cases are tried in the district courts. However .