Term
| SUBJECT-MATTER JURISDICTION: |
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Definition
| Determines whether the court has power over the type of dispute. A case can often be heard in either state or federal court. |
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Term
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Definition
| someone that must be involved in the case in order for it to move forward |
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Term
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Definition
| Diversity jurisdiction, statute requires complete diversity among all adverse parties |
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Term
Wyman vs. Newhouse (1937) |
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Definition
A judgment based on service of process procured by fraud is invalid. D was fraudulently induced to come to Florida. The court held that any judgment procured by fraud is invalid. D was not required to argue the merits in the original action in Florida. An erroneous judgment may be attacked collaterally.
Reasoning: judgment procured fraudulently lacks jurisdiction |
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