Personal jurisdiction is the power of a court to require a person or entity to respond to a legal proceeding that may affect the person’s rights or interests. It is a due process requirement and very broadly means that if a court is to entertain a case involving an out of state defendant the defendant…
Legal Articles
Jurisdiction: Personal & Subject Matter
Jurisdiction is an issue really only attorneys, judges, and legislators seem to think about, even though it is of tremendous importance. What is it? Missouri Courts recognize two types of jurisdiction: (1) subject matter jurisdiction and (2) personal jurisdiction. Subject matter jurisdiction is reasonably straightforward. It refers to a category of cases a particular court is…
Constitutional Issues Present in Marriage — Same-Sex Marriage
The Supreme Court recently began its 2012-2013 term. One of the most hotly anticipated issues which may be brought before the Court is the constitutionality of same-sex marriage. Two of the most common legal arguments in support of same-sex marriage is that prohibiting it violates the equal protection clause and the due process clause. Both…
The 14th Amendment, Incorporation, Due Process
The 14th Amendment to the U.S. Constitution is arguably one of the most important provisions in the constitution because, among other things, it has been interpreted to have the effect of incorporating the bill of rights against the states. Before the twentieth century, the first ten amendments were interpreted to apply only against the federal…
Personal Jurisdiction: Non-Residents and Foreign Corporations
Personal jurisdiction(sometimes called in personam jurisdiction) refers to a court’s ability to bring a defendant into court and entertain litigation and enter a judgment. Say you and I both live in Missouri. A real estate dispute arises between us concerning property located in Saint Louis County. What happens if you file suit in Florida? Do…
Due Process
What does due process of law under the 14th Amendment mean? The due process clause states that “nor shall any State deprive any person of life, liberty, or property, without due process of law.” Due Process provides both procedural and substantive guarantees. Procedurally, Due Process grants individuals the opportunity to be heard at a meaningful…