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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSII. JURISDICTIONB. Classification of Jurisdiction2. General vs. Special

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Question

Classification of Jurisdiction: General vs. Special

1. A landowner filed a complaint against his neighbor, alleging encroachment on his property. The neighbor denies the allegations and argues that the court does not have jurisdiction over the case. Discuss whether the court has general or special jurisdiction in this situation and explain the basis for your answer.

2. The Securities and Exchange Commission (SEC) filed a case against a company for violation of securities laws. The company argues that the SEC does not have jurisdiction over the case. Discuss whether the SEC has general or special jurisdiction in this situation and explain the basis for your answer.

3. A dispute arises between two parties involving a maritime accident. One party files a case before the Regional Trial Court (RTC) claiming damages. The RTC dismisses the case for lack of jurisdiction. Determine whether the RTC has general or special jurisdiction over the case and provide reasons to support your answer.

  1. Enumerate the factors that determine whether a court has general or special jurisdiction. Explain each factor briefly.

  2. Provide an example of a case where a court with special jurisdiction would have exclusive jurisdiction, and explain why this is the case.

Answer

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