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What is the difference between in personam jurisdiction and subject matter jurisdiction? Subject matter jurisdiction refers to the type of case a court is authorized to hear. For example, in Rhode Island the Family Court is the only court that is allowed to handle divorce cases. The Family Court, therefore, has subject matter jurisdiction over divorces (and other things as well). If a person hated the Family Court and tried to file a divorce case in the Superior Court, the case would be dismissed by the Court as the Superior Court does not have subject matter jurisdiction over divorce cases. In personam jurisdiction refers to whether the court has obtained proper jurisdiction over the parties to a lawsuit, for example. Let’s say that you and I enter into a contract at a time that we both live and work in Oregon (to pick a name out of the hat). I believe that you have breached the contract. Instead of filing a lawsuit in Oregon, I drive to Rhode Island and file a breach of contract lawsuit in the Rhode Island Superior Court, Now, this court does have subject matter jurisdiction over breach of contract lawsuits (see above). But does the court have jurisdiction over you? I don’t see how. We both live in Oregon; we both work in Oregon; the contract was entered into in Oregon; and, to the extent it was performed, it was performed in Oregon. The Rhode Island court does not have in personam jurisdiction over you.

“Jurisdiction” has several meanings.It means the geographic area over which a court has power. A Pennsylvania court has power over people and property in Pennsylvania. It generally has no power to compel a person in Oregon to do anything.It also means the power of the court to hear a particular type of controversy. A federal court can only hear cases based on federal law or cases between citizens of different states. It won’t hear a divorce case because it has no jurisdiction over such controversies.It also means the power of the court over a particular individual or entity in a given case. Until such a person or entity has been “served” with appropriate legal papers, the court usually has no power to compel them to do or not do anything.It also can be with reference to time, as there may be a time before which or after which the court may act on a matter. Often, 30 days after a court has completely disposed of a matter, it can no longer revisit its decisions because the court has lost jurisdiction over the case.

In civil cases, for example if a child is injured in an automobile collision, an adult is named as guardian ad litem and the adult stands in in the child's place. ORCP 27 ORCP 27 – MINOR OR INCAPACITATED PARTIES A child 16 or older can choose whether to have a Guardian ad litem. I used a guardian ad litem in a family law case where a man was petitioning to establish paternity after impregnating a 15-year-old girl.When the Department of Human Services (Child Welfare) is involved in a case, like terminating parental rights or establishing jurisdiction in cases alleging abuse or neglect, the children usually get their own court appointed attorney selected from a consortium of attorneys in the county who take that type of appointments. There is also often a non-attorney CASA (Court Appointed Special Advocate) who speaks on behalf of the children.When the State is prosecuting a child for a crime the child can have a court appointed attorney or someone can retain the attorney. That applies in juvenile court or when the child is charged “as an adult.”Amazingly, in divorce cases the children are not represented. The parents or their lawyers fight over what is in the best interest of the children and, as far as I know, the children have no lawyer arguing on their behalf. I welcome other Oregon attorneys to correct me if I am mistaken on this point.