Hebrew term (edited): ���� ������ ������� ��� ����

Substantive (as a against geographic[al]) (but material would also work) jurisdiction reserved for the court

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Note added at 5 hrs 33 mins (2005-09-15 08:38:46 GMT)
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http://print.google.co.uk/print?id=FWBD7bReZIgC&pg=PA167&lpg...



http://print.google.co.uk/print?id=unkIIJqNL8kC&dq=substanti...


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Note added at 7 hrs 52 mins (2005-09-15 10:57:50 GMT)
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As to subject-matter jurisdiction: it includes substantive jurisdiction (samkhut inyanit) + geographic jurisdiction (samkhut geografit). For example, see

http://www.lectlaw.com/def2/s188.htm

The authority of a court to decide a particular type of case is called subject-matter jurisdiction and is set by the federal or state Constitution, or by state statutes. [This authority consists of substantive PLUS geographic jurisdiction, as shown in the following - E.]:

In order for a court to have subject-matter jurisdiction over a divorce action, at least one spouse must have lived in the county where the court is located for a certain period of time. Some states also require the spouse to have lived within the state for a certain length of time, usually a few months longer than the time in the county. For example, to obtain a divorce in California, a person must have lived in California for at least six months, and in the particular county in which he wants to obtain the divorce for at least three months. In Illinois, a person must have lived in the state for ninety days, in New York and New Jersey, the requirement is one year. In Texas, a person must have lived in the state for six months and in the particular county in which she wants to obtain the divorce for at least ninety days.
[All this is GEOGRAPHIC jurisdiction, which is NOT samkhut inyanit].


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Note added at 11 hrs 52 mins (2005-09-15 14:58:12 GMT)
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As to geographic jurisdiction being 'improper' (whatever that means), see www.law.nyu.edu/studentorgs/sba/ outlines/firstyear/civpro1/neuborne_f03.doc

and many many other references.

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Note added at 16 hrs 7 mins (2005-09-15 19:13:14 GMT)
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I still can't see where I am supposed to have made even the most fleeting reference to סמכות מקומית

I have been talking about סמכות גאוגרפית

Hebrew term (edited): ���� ������ ������� ��� ����

Subject-matter jurisdition is the term reserved for סמכות עניינית.

Also, note that it is more accurate to translate בית דין as "tribunal" than "court" - which is a term that should be reserved for בית משפט.

Finally, a jurisdiction "vests in" a court or a tribunal.

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Note added at 14 hrs 21 mins (2005-09-15 17:27:07 GMT)
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Eynati...your hostility is out of line...however, I would like to thank you for refering me to the outlines of a first-year law student (it's refreshing to read about the material that I had studied several years ago). Please take the time to read on in his/her notes, especially on the subject of "VENUE". Venue, Eynati, is what Israeli law calls "סמכות מקומית". "Geographic Jurisdiction" is IMPROPER for translating "סמכות מקומית" (for the meaning of "improper", please refer to www.answers.com/improper). Improper, because it is a very BROAD term. For example, "Geographic Jurisdiction" mostly refers to the area in which a LAW (or policy, guidlines, etc) applies, wheres "venue" (i.e. "סמכות מקומית") is about where a case should be heard (in which COURT).

Anyway, and because it seems that someone like me could NEVER convince someone like you, I hereby refer you to no other than Prof. Ahron Barak - cheif justice of the Israeli Supreme Court, who also "happens" to think that "venue" is "סמכות מקומית" - see בש"פ 11637/04.

Suzan:
1) סמכות עניינית = Subject-matter Jurisdiction.
2) בית דין = Tribunal (while בית משפט = court). EVEN THOUGH it wouldn't be a mistake to use "court".
3) Jurisdiction "vests in", OR "is vested in" a court/tribunal.

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Note added at 19 hrs 1 min (2005-09-15 22:07:23 GMT)
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Eynati COME ONNNNN....STOP arguing for the sake of arguing...there is no such thing in ISRAELI law as סמכות גיאוגרפית. So are you going to argue on this also?? Please, there are certain areas that should be left for professionals. Trust me.