Settle a debate Forum

[jawsthegreat]

Is jurisdiction substantive or procedural?

[sillyboots]

my best guess/understanding is that jurisdiction itself is a procedural element, but that's not to say that there isn't substantive law concerning jurisdiction.

Edit: think the above was unduly confused. After thinking over for more than a few seconds, feel it's pretty fair to say it's just procedural.

[Lincoln]

Take fed cts. There's no easy answer to this question.

[BarbellDreams]

I'll take procedural. But honestly this debate isn't new and both sides have valid opinions.

[TB12]

Does it matter (serious question)?

[BarbellDreams]

Does it matter (serious question)?

Erie.

[vamedic03]

Is jurisdiction substantive or procedural?

Neither. Jurisdiction is jurisdictional, not substantive or procedural. As to federal courts, they only have the jurisdiction given to them by Congress within the constraints of Article III -- no more, no less.

[vamedic03]

Does it matter (serious question)?

Erie.

Erie is inapplicable. A federal court's jurisdiction is purely a question of federal law.