Chapter 9- Family Law
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Created by:
fiona25 on November 3, 2011
Subjects:
Description:
Jurisdiction
Classes:
Paralegals and Criminal Justice
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15 terms
Terms | Definitions |
|---|---|
 Jurisdiction | Broadly speaking, the authority of a court to hear and resolve a case before it. |
| Subject Matter Jurisdiction | The authority of a court to hear a particular kind of case. |
| Personal Jurisdiction | The authority of a court over the person of a defendant. |
| Domicile | A person's permanent home; the place to which the person intends to return when away. |
| Minimum Contacts | A jurisdictional concept enabling a state to assert personal jurisdiction over a nonresident when he or she has sufficiently developed relationship with the state. |
| Lon-arm Statutes | A statute that spells out when a state may assert personal jurisdiction over a nonresident. |
| Divisible Divorce | A divorce in which the court has jurisdiction to dissolve the marriage based on the party's domicile but cannot resolve support and property matters because it lacks personal jurisdiction over the defendant. |
| In Rem Jurisdiction | The authority of a court to resolve a case based on the presence of property within its borders. |
| Initial Custody Determinations | The first custody decision in a case, as distinct from subsequent modifications. |
| "Home State" Jurisdiction | A jurisdictional ground that enable a state to assert jurisdiction over a custody dispute based on the fact that the child lives or had lived in that state for six months prior to the initiation of the action. |
| "Significant Connection" Jurisdiction | A jurisdictional ground that permits a court to assert jurisdiction over a custody dispute based on the fact that a child and at least one contestant has a meaningful relationship with that state and relevant evidence is available there; only available under PKPA when no state qualifies as the home state. |
| Emergency Jurisdiction | A jurisdictional ground that permits a court to assert jurisdiction over a custody dispute when a child is physically present in the state and has been abandoned or needs immediate protection from abuse or neglect. |
| Last Resort Jurisdiction | A relatively insignificant jurisdictional ground that enable a statute to assert jurisdiction over a custody dispute when no other state has or is willing to assume jurisdiction, and it is in the best interest of the child for the state to do so. |
| Modification Jurisdiction | The authority of a court to modify a custody or support decree. |
| Continuing Jurisdiction | In the custody context, the continuation of the initial decree state's authority to modify a decree to the exclusion of other states. |
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