Chapter 6 - 6.14 Subject Matter Vs. Active Jurisdiction

• Jurisdiction: Virginia

6.14 SUBJECT MATTER VS. ACTIVE JURISDICTION

Subject matter jurisdiction involves the judicial power of a court to adjudicate a case. If a court enters an order that is outside its subject matter jurisdiction, the order is void ab initio and can be set aside at any time. Active jurisdiction, on the other hand, is the requirement that a court having subject matter jurisdiction adjudicate a case in conformity with governing law. An order entered outside of the governing law is voidable, not void. Defects of...