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About Me

hi everyone, welcome to our blog.we, the authors are the 2nd year law students from the Faculty of Law, National University Malaysia. this blog, which is basically on jurisdiction in cyberspace is created as a requirements for the Cyber law course under the observation of our respected lecturer Dr. Nazura Abdul manap. kindly visit our blog and give comments. Thank you

Tuesday, October 12, 2010

U.S Domestic Jurisdiction

There are 51 governmental entities in the United States, namely the federal government and the 50 state governments. Each entity is sovereign unto itself limited only by constitutional restrictions. Both the federal and state judicial systems have two major divisions of jurisdiction.

1.     Subject-Matter Jurisdiction
        Federal subject-matter jurisdiction is found in Article 3, Section 2 of the U.S Constitution, which states:
        The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws
        of the United States, and Treaties made...to Controversies to which the United States shall be a Party; -
        to controversies between two or more States; - between a State and Citizens of another State; -
        between Citizens of different States;...and between a State, or the citizens thereof, and foreign States,
        Citizens or Subjects.

        Federal jurisdiction is very broad, extending to all laws passed by Congress, to cases involving
        ambassadors and other foreign diplomatic personnel, to disputes between states, and other related
        areas. Such jurisdiction may be exclusive or concurrent.


        States have exclusive jurisdiction over all cases not granted to the federal government and concurrent
        jurisdiction over cases wherein the federal government has the power to determine a case or controversy
        but elects not to exercise it exclusively.

2.     Jurisdiction over the Parties
        The courts also have the jurisdiction over the parties. They may obtain jurisdiction over the person
        (in personam jurisdiction) by service of process within a state or outside of a state if constitutional rules
        concerning long-arm statutes are adhered to. A court may also assert attachment jurisdiction by
        permitting the seizure of instate property belonging to out-of-state person.

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