Also known as:subject-matter · subject-matter jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
The issue presented for consideration. The thing in which a right or duty has been asserted. The thing in dispute.
Sources & Authorities
How it applies
Common Examples
6
Court Discovers Jurisdictional Defect
Selena Singh sued a state agency in federal court alleging only state-law contract claims. After the answer was filed, the judge reviewed the complaint and realized no federal question or diversity existed. The court dismissed the entire action.
Cross-Examination Exceeds Direct Scope
Samantha Stone testified on direct only about the terms of a software license. Defense counsel then asked her about the company's unrelated employment policies. The court sustained an objection that the questions went beyond the subject matter of the direct examination.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Sabrina Shah owned land directly affected by zoning regulations under review in a pending case. Because she held an economic interest in the subject matter in controversy, the judge recused herself from the proceeding.
Lawyer Seeks Ownership Stake
Sarah Sullivan represented Summit Bank in a commercial dispute. She proposed taking a five-percent ownership interest in the disputed contract rights as part of her fee. The arrangement violated the prohibition on acquiring a proprietary interest in the subject matter of the litigation.
Statute of Frauds Writing Requirement
Sophia Singh and Southland Foods negotiated an oral supply deal. The only writing mentioned "bulk grain" without further detail. Because the writing did not reasonably identify the subject matter of the contract, the agreement was unenforceable.
Class Gift to Heirs
Sydney Santos left a will devising her art collection to the "heirs" of her brother. At distribution the court determined the class by asking who would inherit the brother's intestate estate if he had died owning only the art collection.
Common questions
Frequently Asked
4
When must a federal court dismiss for lack of subject-matter jurisdiction?+
A federal court must dismiss the action whenever it determines at any time that subject-matter jurisdiction is absent. The obligation applies even after trial begins or judgment is entered. Dismissal is mandatory rather than discretionary.
How does the scope-of-cross rule limit questioning?+
Cross-examination must stay within the subject matter of the direct examination and matters affecting credibility. The court may permit additional inquiry as if on direct examination. The limitation keeps the presentation of evidence orderly and focused.
When does a judge's economic interest require recusal?+
A judge must recuse when the judge or certain family members hold an economic interest in the subject matter in controversy or in a party. The rule prevents the appearance of partiality arising from personal financial stakes.
May a lawyer acquire an ownership interest in litigation subject matter?+
A lawyer may not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting. Limited exceptions exist for lawful liens and reasonable contingent fees in civil cases.
433 U.S. 186 (1977)Conflict of Laws
…case was based on the statutory presence of appellants’ property in Delaware, without regard to whether the property was the subject matter of the lawsuit or whether the defendants had any other contacts with the State. Pp. 198-200. 2. The Delaware courts’ assertion of jurisdiction over appellants in this case cannot be…