Personal jurisdiction is a court's jurisdiction over the parties, as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the law involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has personal jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction. A similar principle is that of standing or locus standi, which is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case.
Mandamus is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications.
Forum non conveniens (FNC) is a mostly common law legal doctrine through which a court acknowledges that another forum or court where the case might have been brought is a more appropriate venue for a legal case, and transfers the case to such a forum. A change of venue might be ordered, for example, to transfer a case to a jurisdiction within which an accident or incident underlying the litigation occurred and where all the witnesses reside.
Varian Medical Systems, Inc. v. Delfino, 35 Cal.4th 180 (2005) is a California Supreme Court opinion by then-Associate Justice Janice R. Brown interpreting the state's SLAPP statute. Specifically, the case holds that an appeal from a denial of an anti-SLAPP motion stays all trial court proceedings: "The perfecting of an appeal from the denial of a special motion to strike automatically stays all further trial court proceedings on the merits upon the causes of action affected by the motion...you have a right not to be dragged through the courts because you exercised your constitutional rights."
An interlocutory appeal, in the law of civil procedure in the United States, occurs when a ruling by a trial court is appealed while other aspects of the case are still proceeding. Interlocutory appeals are allowed only under specific circumstances, which are laid down by the federal and the separate state courts.
Long-arm jurisdiction is the ability of local courts to exercise jurisdiction over foreign defendants, whether on a statutory basis or through a court's inherent jurisdiction. This jurisdiction permits a court to hear a case against a defendant and enter a binding judgment against a defendant residing outside the jurisdiction concerned.
Arbaugh v. Y & H Corp., 546 U.S. 500 (2006), is a United States Supreme Court decision involving Title VII of the Civil Rights Act of 1964, which provides a private cause of action to victims of employment discrimination. The Court ruled that Title VII's "employee-numerosity requirement," which limits potential defendants to those maintaining at least fifteen employees, is not a limit on a court's jurisdiction to hear Title VII claims. The requirement is instead a substantive element of a Title VII claim, which means that a defendant must raise the issue prior to verdict or the requirement will be waived.
The Supreme Court of the United States handed down sixteen per curiam opinions during its 2005 term, which lasted from October 3, 2005, until October 1, 2006.
The legal system of South Korea is a civil law system that has its basis in the Constitution of the Republic of Korea. The Court Organization Act, which was passed into law on 26 September 1949, officially created a three-tiered, independent judicial system. The revised Constitution of 1987 codified judicial independence in Article 103, which states that, "Judges rule independently according to their conscience and in conformity with the Constitution and the law." The 1987 rewrite also established the Constitutional Court, the first time that South Korea had an active body for constitutional review.
Celotex Corp. v. Catrett, 477 U.S. 317 (1986), was a case decided by the United States Supreme Court. Written by Associate Justice William Rehnquist, the decision of the Court held that a party moving for summary judgment need show only that the opposing party lacks evidence sufficient to support its case. A broader version of that doctrine was later formally added to the Federal Rules of Civil Procedure.
Saudi Arabia v. Nelson, 507 U.S. 349 (1993), is a United States Supreme Court case in which the Court considered the term "based upon a commercial activity" within the meaning of the first clause of 1605(a)(2) of the Foreign Sovereign Immunities Act of 1976.
Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981), was a case decided by the United States Supreme Court, in which the court considered the lower court's application of its power of forum non conveniens, a common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties.
Uttecht v. Brown, 551 U.S. 1 (2007), was a case dealing with jury selection in capital cases in which the Supreme Court of the United States held that appeals courts must defer to a trial judge’s decision on whether a potential juror would be able to overcome demur about capital punishment and be open to voting to impose a death sentence.
Perkins v. Benguet Mining Co., 342 U.S. 437 (1952), was a United States Supreme Court case which held that an Ohio state court could exercise general personal jurisdiction over a foreign corporation on the basis of that company's "continuous and systematic" contacts with the state of Ohio. Benguet Consolidated Mining Co. was a Philippine mining corporation, owned by American John W. Hausermann, that temporarily stopped its mining operations and relocated its president to Ohio during the World War II Japanese occupation of the Philippines. The Court held that the president's use of his office in Ohio to carry on continuous business activities during this period allowed Ohio to properly assert general jurisdiction over his company.
J.D.B. v. North Carolina, 564 U.S. 261 (2011), was a case in which the Supreme Court of the United States held that age and mental status is relevant when determining police custody for Miranda purposes, overturning its prior ruling from seven years before. J.D.B. was a 13-year-old student enrolled in special education classes whom police had suspected of committing two robberies. A police investigator visited J.D.B. at school, where he was interrogated by the investigator, a uniformed police officer, and school officials. J.D.B. subsequently confessed to his crimes and was convicted. J.D.B. was not given a Miranda warning during the interrogation, nor an opportunity to contact his legal guardian.
Mavrix Photo, Inc. v. Brand Technologies, Inc., 647 F.3d 1218, is a case in American intellectual property law involving personal jurisdiction in the context of internet contacts.
Club Resorts Ltd v Van Breda, 2012 SCC 17, is a decision of the Supreme Court of Canada that has brought greater certainty to the question of a real and substantial connection in the assumption of civil jurisdiction by Canadian courts in matters concerning the conflict of laws.
J. McIntyre Machinery, Ltd. v. Nicastro, 564 U.S. 873 (2011), is a decision by the United States Supreme Court holding that a court may not exercise jurisdiction over a defendant that has not purposefully availed itself of doing business in the jurisdiction or placed goods in the stream of commerce in the expectation they would be purchased in the jurisdiction.
Daimler AG v. Bauman, 571 U.S. 117 (2014), is a United States Supreme Court case in which the Court answered whether an American court may exercise jurisdiction over a foreign company based on the fact that a subsidiary of the company acts on its behalf in the jurisdictional state. The court held that an American company cannot be sued for conduct occurring outside the United States and American courts do not have jurisdiction of such a claim.
Klopfer v. North Carolina, 386 U.S. 213 (1967), was a decision by the United States Supreme Court involving the application of the Speedy Trial Clause of the United States Constitution in state court proceedings. The Sixth Amendment in the Bill of Rights states that in criminal prosecutions "...the accused shall enjoy the right to a speedy trial" In this case, a defendant was tried for trespassing and the initial jury could not reach a verdict. The prosecutor neither dismissed nor reinstated the case but used an unusual procedure to leave it open, potentially indefinitely. Klopfer argued that this denied him his right to a speedy trial. In deciding in his favor, the Supreme Court incorporated the speedy trial protections of the Sixth Amendment against the states.
