Re: Credit Card SOL - BEAR??

Posted by Why Chat (209.240.198.61) on October 12, 2002 at 16:00:42:

In Reply to: Re: Credit Card SOL is based on Cardmember agreement? posted by Bear on October 11, 2002 at 12:09:30:

Since one of your posts implied you were a lawyer, I presume it must have slipped your mind that we are talking about jurisdictional venue -not personal or subject matter jurisdiction.

CIVIL PROCEDURE OUTLINE
 
AN OVERVIEW OF PROCEDURE
where can a suit be brought -

Jurisdiction: the power to hear and determine a case; where a suit can be brought

Subject matter jurisdiction – the competency of the court to hear and determine a particular category of cases.

Gordon v. Steele
It is the citizenship of the parties at the time the action is commenced which is controlling. The fact of residency must be coupled with a finding of intent to remain indefinitely.

Personal jurisdiction – the state court or federal court in that state must have the power to render a judgement against a particular defendant; persons who engage in certain types of activities in a state are subject to jurisdiction from claim s arising from these activities

General jurisdiction – can hear any kind of claim between any persons, unless there is legal authority saying that can't

Limited jurisdiction – limited to specified types of cases as set forth by statute.

Diversity jurisdiction – jurisdiction brought about by the fact that opposing parties come from different states, or between a citizen of a state and an alien, subject to a jurisdictional amount > a given sum.

Concurrent jurisdiction – that jurisdiction exercised by different courts at the same time over the same subject matter and within the same territory, and wherein litigants may, in the first instance, resort to either court indifferently

Venue – the possible or proper place for the trial of a suit, as among several places where jurisdiction could be established; the right of the party sued to have the action brought and heard in a particular judicial district. Relates to the proper district in which to bring the action.
a question of convenience and can be conferred by agreement
a judicial district where any defendant resides; if all defendants reside in the same state
a judicial district in which a substantial part of the events of omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated
if there is no district anywhere in the US which satisfies 1) and 2):
for actions based solely on diversity, a judicial district in which and

D is subject to personal jurisdiction at the time the action is commenced
for actions not based solely on diversity, a judicial district in which any defendant may be found.

Improper venue may be waived by the parties unless timely objection is made to the improper venue

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