Question: For this week the topic is the 3 basic requirements to bringing a lawsuit. In order to get into court, the court must be able
For this week the topic is the basic requirements to bringing a lawsuit. In order to get into court, the court must be able to rule over the case and the parties. The court must be able to render a legally binding decision over the issue and the parties. That means that first, when bringing a lawsuit you must make sure you bring the case in the right court room. That is what we call "subject matter" jurisdiction. The real problem over the years is whether or not the court has the ability to rule over the parties, which we call In Personam" jurisdiction. The key is this: The plaintiff the party bringing the lawsuit waives any argument about jurisdiction over them because they have submitted themselves to the court by filing the paperwork. So the real question of In Personam" jurisidiction is whether or not the court can rule over the DEFENDANT. The first big case on this issue was a case called Pennoyer v Neff. Can anyone tell me what constitutional principal the US Supreme Court court relied on in deciding that the court could not rule over the defendant, Neff?
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