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Froogled By:
Elias Makere, FSA, MAAA
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JURISDICTION

1. power to hear and determine a case; may be established and described with reference to a particular subject or to parties in a particular category. In addition to power to adjudicate, a valid exercise of jurisdiction requires fair notice and opportunity for affected parties to be heard.

2. the geographic or political entity govened by a particular legal system or body of laws. The word "jurisdiction" is also used to refer to particular legal systems, as in "the law varies in different jurisdictions", and in the sense of territory (coupled with authority to reach conduct within the territory), as in "within the jurisdiction of X state".
APPELLATE JURISDICTION: the power vested in a superior tribunal to correct legal errors of inferior tribunals and to revise their judgments accordingly.

CONCURRENT JURISDICTION: equal jurisdiction; jurisdiction exercisable by different courts at the same time, over the same subject matter and within the same territory, so that litigants may, in the first intance, resort to either court.

DIVERSITY JURISDICTION: jurisdiction that federal courts have when the opposing parties are from different states

IN PERSONAM JURISDICTION: jurisdiction over the person of the defendant; necessary where the action is in personam.

SUBJECT MATTER JURISDICTION: the competency of the court to hear and determine a particular category of cases.
see ancillary jurisdiction; federal question jurisdiction; limited jurisdiction; original jurisdiction; pendent jurisdiction; territorial jurisdiction; territorial jurisdiction; title jurisdiction.
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Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; ©
Although we review a district court's Rule 60(b)(4) motion for abuse of discretion, insufficient service of process under Rule 60(b)(4) implicates personal jurisdiction and due process concerns. Generally, where service of process is insufficient, the court has no power to render judgment and the judgment is void. See Varnes v. Local 91, Glass Bottle Blowers Ass'n, 674 F.2d 1365, 1368 (11th Cir. 1982) (finding a judgment void under Rule 60(b)(4) where the defendant was not properly served); see also Mullane v. Cent. Hanover Bank Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 657, 94 L.Ed. 865 (1950) ("An elementary and fundamental requirement of due process in any proceeding ... accorded finality is notice reasonably calculated, under all the circumstances, to apprise interested parties of the... action and [to] afford them an opportunity to present their objections." (citations omitted)).
Courts have an independent obligation to satisfy themselves of their own jurisdiction
Jurisdiction is a threshold inquiry that must be resolved before addressing the merits.
A party is bound by the admission in its pleadings for jurisdictional determinations.
Because jurisdiction is conferred upon courts by constitution or by statute, jurisdictional requirements established by statute must be strictly construed.
substantial proceedings in an improper forum cannot cure jurisdictional defects.
Jurisdiction is the power to act. Its absence renders a judgment void.
Delaying resolution of jurisdictional issues until after trial results in greater inefficiency, not less.
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