New Hampshire Procedural Order Stating the United State District Court Lacks Subject Matter Jurisdiction
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FAQ
Complete diversity requirement. No defendant is a citizen of the same state as any plaintiff. Amount in controversy requirement. The matter in controversy exceeds $75,000.
Jurisdiction is important because if a court does not have jurisdiction over a case, it does not have the legal authority to pass judgment on the case.
Even if the court would have personal jurisdiction over the parties, if the court lacks subject matter jurisdiction over the entire case, the entire case will be dismissed from federal court.
A defendant who believes that a court lacks subject matter jurisdiction to hear the case may raise this issue before the trial court or in an appeal from the judgment. If a defect in subject matter jurisdiction is found, the judgment will usually be rendered void, having no legal force or binding effect.
Subject-matter jurisdiction (also called jurisdiction ratione materiae) is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.A judgment from a court that did not have subject-matter jurisdiction is forever a nullity.
A term that means the lack of power to act or the lack of authority in a legal matter.
Intro: In order for a court to have personal jurisdiction over a defendant it must have a statutory basis for its power, and the exercise of its power must comply with due process (14th Amendment for states, 5th Amendment for federal government). The statute governing personal jurisdiction for federal courts is FRCP 4.
In federal court, under the Federal Rules of Civil Procedure, a motion to dismiss for lack of subject-matter jurisdiction is considered a favored defense and may be raised at any point in the litigation process, even if the parties had previously argued that subject-matter jurisdiction existed.