Definition§
Jurisdiction is the authority granted to a legal body or a political leader to administer justice within a defined field of responsibility, e.g., a geographic territory. In legal terms, jurisdiction allows courts and other legal institutions the power to make legal decisions and judgments. Jurisdiction can be classified into various types, such as subject matter jurisdiction, personal jurisdiction, and territorial jurisdiction.
Examples§
- Federal vs. State Jurisdiction: In the U.S., certain matters like immigration or intellectual property fall under federal jurisdiction, while others such as property disputes typically fall under state jurisdiction.
- Subject Matter Jurisdiction: Bankruptcy courts have the authority to hear cases specifically under bankruptcy laws.
- Geographical Jurisdiction: A state court in California can generally deal with cases that originate within California’s borders but cannot take cases from another state like Nevada.
Frequently Asked Questions (FAQs)§
Q1: What determines a court’s jurisdiction? A1: Jurisdiction is determined by a combination of statutory authority, geographic area, and the nature of the legal issue. Legal statutes and constitutions typically outline specific jurisdictions.
Q2: Can jurisdiction be waived? A2: In some circumstances, personal jurisdiction can be consented to or waived by the parties involved in a case. However, subject matter jurisdiction cannot be waived as it goes to the power of a court to hear a case at all.
Q3: What happens if a court without proper jurisdiction hears a case? A3: Any judgment passed by a court without proper jurisdiction can be declared void or invalid on appeal.
Q4: How does the U.S. Court of Appeals fit into the concept of jurisdiction? A4: The U.S. Court of Appeals has the authority to review and overrule decisions made by lower courts, such as the U.S. District Courts and the specialized courts like the U.S. Tax Court.
Q5: What is concurrent jurisdiction? A5: Concurrent jurisdiction occurs when more than one court has the authority to hear and decide a case. For example, certain civil rights cases can be heard in both federal and state courts.
Related Terms§
- Subject Matter Jurisdiction: Authority of a court to hear and decide cases of the specific type of matter being asserted.
- Personal Jurisdiction: Power of a court over the person and their ability to enforce orders or hold them accountable under the law.
- Territorial Jurisdiction: The geographic area in which a court, tribunal, or government body has recognized power.
- Appellate Jurisdiction: Authority of a court to review decisions made by a lower court.
Online References§
Suggested Books for Further Studies§
- “Jurisdiction in International Law” by Cedric Ryngaert
- “The United States Legal System: An Introduction” by Margaret Z. Johns
- “Principles of Federal Jurisdiction” by James E. Pfander
Fundamentals of Jurisdiction: Business Law Basics Quiz§
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