Motion To Dismiss

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Business Law

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Another scenario under which a motion to dismiss can be filed is when the court lacks personal

jurisdiction. This is provided in Fed. R. Civ. R 12(b)(2). Every court has a jurisdiction. Jurisdiction refers to

the limits (boundaries) within which the court should act. When a case is filed in a court that has no

jurisdiction over the case, the case cannot be heard in the court for lack of jurisdiction. Personal

jurisdiction considers the physical location of the parties involved in the case, to determine of both lie

within the court’s jurisdiction area. In the event of one or both parties lying outside the court’s

jurisdiction area, the case should be dismissed. A typical example would be in the case in which Tom

gets involved in a car accident in Florida, and the other party involved files a lawsuit in Texas, the court

would have no jurisdiction over the case. In that case, the defendant can file a motion to dismiss.

Outside materials can be used to form grounds for the dismissal of the case. For instance, documents

proving the State of origin of the defendant.

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Another scenario under which a motion to dismiss can be filed is when the court lacks personal jurisdiction. This is provided in Fed. R. Civ. R 12(b)(2). Every court has a jurisdiction. Jurisdiction refers to the limits (boundaries) within which the court should act. When a case is filed in a court ...
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