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The principles and rules of action, embodied in case law rather than legislative enactments, applicable to the government and protection of persons and property that derive their authority from the community customs and traditions that evolved over the centuries as interpreted by judicial tribunals. |
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The conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a tribunal with the power to decide the case. |
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The study, knowledge or science of the law. |
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The court's power to decide a case. |
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A court's power to adjudicate the rights to a given piece of property, including the power to seize and hold it. |
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A court's authority to hear a wide range of cases, civil or criminal, that arise within its geographic area. |
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Jurisdiction over a non-resident defendant who has had some contact with the jurisdiction in which the petition is filed. |
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A court's power to bring a person into its adjudicative process; jurisdiction over a defendant's personal rights, rather than merely over property interests. — Also termed in personam jurisdiction; jurisdiction in personam; jurisdiction of the person; jurisdiction over the person; jurisdiction |
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Quasi-in-rem Jurisdiction |
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(1918) Jurisdiction over a person but based on that person's interest in property located within the court's territory. |
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In the law of civil procedure, an intentional act by one party directed into a particular state, thereby permitting that state to constitutionally assert personal jurisdiction over that party. |
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A pleading stating that although the facts alleged in a complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer |
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At first sight; on first appearance but subject to further evidence or information |
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A state law that allows the state to exercise jurisdiction over an out-of-state defendant, provided that the prospective defendant has sufficient minimum contacts with the forum state.A state law that allows the state to exercise jurisdiction over an out-of-state defendant, provided that the prospective defendant has sufficient minimum contacts with the forum state. |
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A plaintiff's own negligence that played a part in causing the plaintiff's injury and that is significant enough (in a few jurisdictions) to bar the plaintiff from recovering damages. |
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Negligent conduct that while not intentional, involves a disregard of the consequences likely to result from one's actions. |
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A plaintiff's own negligence that proportionally reduces the damages recoverable from a defendant. |
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Jurisdiction that stems from the defendant's having certain minimum contacts with the forum state so that the court may hear a case whose issues arise from those minimum contacts. |
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The process by which property is removed from the possessor pending the outcome of a dispute in which two or more parties contend for it. |
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