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Subject Matter Jurisdiction

court courts federal hear

The power of a court to hear and determine cases of the general class to which the proceedings in question belong.

For a court to have authority to adjudicate a dispute, it must have jurisdiction over the parties and over the type of legal issues in dispute. The first type of jurisdiction is called PERSONAL JURISDICTION; the other is subject matter jurisdiction. Personal jurisdiction will be found if the persons involved in the litigation are present in the state or are legal residents of the state in which the lawsuit has been filed, or if the transaction in question has a substantial connection to the state.

Subject matter jurisdiction refers to the nature of the claim or controversy. The subject matter may be a criminal infringement, MEDICAL MALPRACTICE, or the probating of an estate. Subject matter jurisdiction is the power of a court to hear particular types of cases. In state court systems, statutes that create different courts generally set boundaries on their subject matter jurisdiction. One state court or another has subject matter jurisdiction of any controversy that can be heard in courts of that state. Some courts specialize in a particular area of the law, such as probate law, FAMILY LAW, or JUVENILE LAW. A person who seeks custody of a child, for example, must go to a court that has authority in guardianship matters. A DIVORCE can be granted only in a court designated to hear matrimonial cases. A person charged with a felony cannot be tried in a criminal court authorized to hear only misdemeanor cases.

In addition to the legal issue in dispute, the subject matter jurisdiction of a court may be determined by the monetary value of the dispute—the dollar amount in controversy. Small claims courts, also known as conciliation courts, are limited by state statutes to small amounts of money in controversy, ranging from $1,000 to $5,000 depending upon the state. Therefore, if a plaintiff sues a defendant in SMALL CLAIMS COURT for $50,000, the court will reject the lawsuit because it lacks subject matter jurisdiction based on the amount in controversy. The amount in controversy limitations are designed to regulate the flow of litigation in the various courts of the state, ensuring that complicated disputes over large sums of money will be heard in courts that have the time and resources to hear such cases.

The U.S. Constitution gives jurisdiction over some types of cases to federal courts only. Cases involving AMBASSADORS AND CONSULS or public ministers, ADMIRALTY and maritime cases, and cases in which the United States is a party must be heard in federal courts. Congress has also created subject matter jurisdiction by statute, mandating that antitrust suits, most SECURITIES lawsuits, BANKRUPTCY proceedings, and patent and COPYRIGHT cases be heard in federal courts.

The Constitution also allows federal district courts to hear cases involving any rights or obligations that arise from the Constitution or other federal law. This is called federal question jurisdiction. Federal courts also have diversity jurisdiction, which gives the courts authority to hear cases involving disputes among citizens of different states. If, however, the amount in controversy is less than $10,000, federal question and diversity jurisdiction will not apply, and the case must be brought in state court. Even if the $10,000 amount is satisfied, a plaintiff may start the lawsuit in state court. A defendant, however, may seek to have the case moved to the federal court in that state by filing a transfer request called a removal action.

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.

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4 months ago











Jad ALHALABI
Otto GlöckelstraBe 24
A-Traiskirchen 2514





Dear Sir



Fristsetzungsantrag in der Sache Jad ALHALABI, Zl. 14478601-001

Good day to you. this my case and evidence .


My name is Jad Alhalabi,I am currently seeking asylum in Austria, but the Austria government is following the human rights and justice and they are correct but I can prove it through my documents that they are not.





Before three years ago I asked for a right refuge in Austria, and I waited for more than two years and half for the answer.
At the end the authorities in Austrian told me that I had negative answer in my case, at that time the Austrian authorities closed my case and I became hopeless for that, I decided to go to Sweden to ask for new right refugee, after three months later when I was in Sweden they told me that the Austrian authorities ask to bring me back to Austrian (for what? I do not know).
I arrived to Vienna airport at 21/03/2014. I surprised the policemen in the air port shouted on me, attacked me, hit me and took me to prison,

And I am not safe here in Austria ?

The Jordanian government kill me in in quick time and the policeman was beating me and the reason he asked for my rights there(I declare the Gospel) , but the Austrian government kill me in a very slow long time and so-called political persecution to humans as a refugee, but the Austrian government stole my money under the cover of human rights and I have evidence of this in the papers.
where to run to take (the International Protection) ?!!!!!!, please give me Answer ?

Please check the attachments for my case and evidence.
Thank you very much for taking your time.

And for you all respect and thanks

Jad alhalabi

E-mail: jad.alhalabi@hotmail.com




Tel:0043-6764816133




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over 4 years ago

Are you kidding me Lets get as clue men are just as bad as some women but lets get something straight NOT ALL WOMEN ARE VINDICTIVE

the reality of the matter after reading thousands of courts cases is simple men with money that didnt have any when he was paying the mother then they all of a sudden have money that afford high powered attorneys to allege false hoods about the mothers unfitness and mental health and basically where the judges have failed the children is all in the EVIDENCE that they failed to admit that would discount a man thats the only reason why men get the children and when a woman has an attorney and wins they get exclusive subject matter jurisdiction yet the men are allowed to run to different counties repeating the same already litigated issues and the judges in the new county fails to acknowledge the exclusive jurisdiction the children lose out again and even with repeated abuse the father and step mother inflict on the child the Judges further discount and suporess the evidence because how dare a man hurt his child well it happens all day everyday and my child along with others need fair and equiitable justice Women need judges that will stop supressing evidence supplies by women and protect the children

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about 6 years ago

NOWADAYS men are tortured in the hands of women by misusing newly formulated laws specially designed only for women. The law makers fully forgetting the constitutions article 14 which says all men and woman are equal before law or say equality before law. This article 14 giving equal strength to man and woman but formulating new law for women so for no law formulated by the law makers for men. Why?



A fine case of one Mr. Rathinasabapathy who was married with Rajeswari of Howrah at Pondicherry on 4th June 2003 started their life initially at Pondicherry latter after five months shifted to Bangalore where he was employed. The husband arranged job for his wife and he had given her all possible freedom which include to visit her parental house, to wear the dresses she feel convenient. But his all these freedoms and love showered towards the wife resulted in one fine day with hand cuffs of iron. Do you believe? YES THIS IS A TRUE STORY. The husband who once tried his best to keep his wife happy meted the cruelty by the same women. The husband arranged all physical mental pleasures for his wife but not fulfilled one demand which is affecting his parents, unmarried brother and sister. The wife demand for separate dwelling that too in such a place the language of which is a strange thing to the husband and leaving the old aged sick parents here all alone was not welcomed by the husband and which only resulted in iron hand cuffing like a herded criminal and lying in illegal custody for eight days.



The wife and her parents even not intimated him the child birth and somehow when he come to know the child birth he requested to send a snap of the child which was also not heard. For the new born the father send some gift which was also returned by the wife and her parents. Their cruelty reached at Himalayan peak when she lodged a complaint using the weapon of dowry and domestic violence act (DVA) and several other criminal section against husband and in-laws, the in-laws who never interfered her life. The question is if she really met cruelty by the hands of husband and his relatives why she had not opted to file a complaint in the jurisdiction police station which was only in walkable distance. She opted to file complaint in the Howrah police station and filed a divorce under section 13a and succeeded to get an expartee decree within 3 months of filing which is very impossible as per marriage law. The husband had not given time to file counter or for a counselling. When husband was attending for maintenance case and came out of the court he was arrested and handcuffed and remained in the custody for eight days and ninth day presented before the judicial magistrate and then kept one day in judicial custody and latter bailed out. The wife atlest shown curtsy by not opposing the anticipatory bail of in-laws.



The women how she forget the sweetness of togetherness, how she forget the sweet face of her husband which is now also in front of her in the form of child.



THE MEN WAS CRUSHED IN THE HANDS OF WOMEN. The men who is a M.Sc., M.Phil., earning sufficiently was now staring the sky with no hope for justice. His parents are weeping and sister, brother still in a stage of shock.



The reward paid by the wife to her husband is the only result of misusing of newly formulated laws. The court at Howrah which have no jurisdiction neither to try the suit for divorce nor for the criminal offence as the couple married at Pondicherry and last resided place at Bangalore, where both of them were employed and as such alleged offence held in Bangalore. So the decree which is passed by the Howrah Court is improper and the complaint also liable to be quashed. But these all will happen in future.



Wake and do something for men otherwise similar trouble tomorrow you also have to face. For this not only togetherness of men required but the togetherness of women also required.



Thanks,

M. Rathina Sabapathy

09894669932

sabapathy68@rediffmail.com

Pondicherry