DRAFT CSC, Title 5. The Judiciary
 
CHAPTER 2
Jurisdiction

1011.  Territorial jurisdiction of the State Supreme Court.
1012.  Jurisdiction over persons; Civil.
1013.  Jurisdiction over acts of nonresidents.

      1011.  Territorial jurisdiction of the State Supreme Court.
     The jurisdiction of the State Supreme Court shall extend to the whole of the State.

Source:  CSL 190-08, 5.

Cross-reference:  The constitutional provision on jurisdiction of the Judicial branch of the Chuuk State Government is found in Art. VII, Section 3 of the Chuuk State Constitution.

      1012.  Jurisdiction over persons; Civil.
     The State Supreme Court may exercise personal jurisdiction in civil cases only over persons residing or found in the State and who have been duly summoned or voluntarily appear, except as provided in Subsections 1013 7 (1) through (10) of this Act Chapter.

Source:  CSL 190-08, 6.

Cross-reference:  The constitutional provision on jurisdiction of the Judicial branch of the Chuuk State Government is found in Art. VII, Section 3 of the Chuuk State Constitution.  Section 3 states as follows:

Section 3.
          (a)     The trial division of the State Supreme Court has original and exclusive jurisdiction over disputes between municipalities and cases arising under this Constitution.
          (b)     Except for those matters which fall under the exclusive jurisdiction of the Supreme Court of the Federated States of Micronesia, the trial division of the State Supreme Court has concurrent original jurisdiction with other courts to try all civil, criminal, probate, juvenile, traffic, and land cases, disputes over waters in the State of Chuuk, cases involving state laws, and cases in which the State Government is a party.
          (c)     The trial division of the State Supreme Court has jurisdiction to review the actions of any state administrative agency, board, or commission, as may be provided by law.
          (d)     When jurisdiction is concurrent, the appropriate court may be prescribed by statute.

Case annotations:  The constitutional provision making the House the sole judge of the qualification of its members does not automatically preclude the Chuuk State Supreme Court from having jurisdiction to decide if a member-elect of the legislature has been excluded from membership on unconstitutional grounds nor is the court's jurisdiction over alleged unconstitutional applications of the Legislature's powers necessarily precluded by the political question doctrine. The court ultimately has the power to determine if the Legislature has exercised its powers in an unconstitutional and invalid manner.  Robert v. Chuuk State House of Representatives, 6 FSM Intrm. 260, 264-65 (Chk. S. Ct. Tr. 1993).

The Chuuk State Supreme Court has the subject matter jurisdiction to hear suits alleging that the legislature has exercised its power to be the sole judge of the qualifications of its members in an unconstitutional manner in violation of the constitutional prohibitions against ex post facto laws.  Robert v. Chuuk State House of Representatives, 6 FSM Intrm. 260, 265 (Chk. S. Ct. Tr. 1993).

      1013.  Jurisdiction over acts of nonresidents.
     Any person, corporation or legal entity, whether or not a resident of the State, who in person or through an agent does any of the acts enumerated in this Section thereby submits himself or its personal representative to the jurisdiction of the courts of the State as to any cause of action arising from:

     (1)  the transaction of any business within the territory of the State;

     (2)  the operation of a motor vehicle within the territory of the State;

     (3)  the operation of a vessel or craft within the territory of the State;

     (4)  the commission of a tortious act within the territory of the State;

     (5)  contracting to insure any person, property or risk located within the territory of the State at the time of contracting;

     (6)  the ownership, use, or possession of any property within the territory of the State;

     (7)  entering into an express or implied contract, by mail or otherwise, with a resident of the State, to be performed in whole or in part by either party in the territory of the State;

     (8)  acting within the territory of the State as director, manager, trustee, or other officer of any corporation organized under the laws of, or having a place of business within, the territory of the State, or as executor or administrator of any estate within the territory of the State;

     (9)  causing injury to persons or property within the territory of the State arising out of an act or omission outside of the territory of the State by the defendant, provided in addition, that at the time of the injury either:
 
     (a)  the defendant was engaged in the solicitation or sales activities within the territory of the State; or

     (b)  products, materials, or things possessed, serviced or manufactured by the defendant anywhere were used or consumed within the territory of the State; and

     (10)  living in the marital relationship within the State notwithstanding subsequent departure from the State as to all obligation arising for alimony, child support, or property rights under the law of the State, if the other party to the marital relationship continues to reside in the State.

Source:  CSL 190-08, 7.

Cross-reference:  The constitutional provisions on jurisdiction of the Judicial branch of the Chuuk State Government are found in Art. VII, Section 3 of the Chuuk State Constitution.
                                                                                                                                                                                                                                                                                                           
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