Jurisdiction
A Jurisdiction is a Legal Authority that is granted to a court or legal body to make legal decisions and judgments.
- Context:
- It is a foundational concept in both national and international law, determining where legal disputes are heard and which laws apply.
- It can range from being a Personal Jurisdiction to being a Subject Matter Jurisdiction.
- It can range from being a Territorial Jurisdiction to being an Extraterritorial Jurisdiction.
- It can range from being an Appellate Jurisdiction to being a Concurrent Jurisdiction.
- ...
- Example(s):
- Federal Jurisdiction: a federal court in the United States has jurisdiction over cases involving federal laws, such as disputes between states or cases involving the U.S. Constitution.
- State Jurisdiction: a state court may have jurisdiction over matters such as family law, probate, or criminal cases that occur within its state boundaries.
- International Jurisdiction,
- ...
- Counter-Example(s):
- A state court cannot preside over a case that exclusively falls under federal jurisdiction, such as bankruptcy, which is governed by federal law.
- A local court in one state typically cannot adjudicate matters that took place in another state unless specific conditions for jurisdiction are met.
- Venue,
- Competency,
- Sovereignty.
- See: Jurisdictional Rule, Legal System, Court Authority, Legal Boundary, Society, Law, Right, Justice, Federation, Federated State, International Law, Constitutional Law, Executive Body.
References
2024a
- (ChatGPT-OpenAI, 2024) ⇒ Prompt: Summarize the concept Jurisdiction in 1- 2 paragraphs. ChatGPT (model:gpt-4o). Retrieved: 2024-08-25.
- QUOTE: Jurisdiction refers to the legal authority granted to a court or other governmental body to make decisions and judgments over particular matters within a defined area or sphere of influence. It involves the power to hear and adjudicate cases, impose penalties, and enforce laws. Jurisdiction is typically classified into several types, including subject matter jurisdiction, which pertains to the nature of the case and whether a court has the legal authority to hear it; personal jurisdiction, which deals with whether a court has power over the individuals involved in the proceedings; and territorial jurisdiction, which relates to the geographic area within which a court can operate.
The concept of jurisdiction ensures that cases are heard by the appropriate court, preventing legal proceedings from occurring in venues that lack the proper authority. Jurisdictional rules are fundamental to the legal system because they promote organization, efficiency, and fairness by delineating the scope and limits of different courts' powers. These rules also help prevent conflicting judgments and unnecessary duplication of legal efforts. In international law, jurisdiction can become more complex, involving principles like extraterritorial jurisdiction, where countries claim legal authority beyond their borders under certain circumstances, which can lead to disputes over sovereignty and the application of laws.
- QUOTE: Jurisdiction refers to the legal authority granted to a court or other governmental body to make decisions and judgments over particular matters within a defined area or sphere of influence. It involves the power to hear and adjudicate cases, impose penalties, and enforce laws. Jurisdiction is typically classified into several types, including subject matter jurisdiction, which pertains to the nature of the case and whether a court has the legal authority to hear it; personal jurisdiction, which deals with whether a court has power over the individuals involved in the proceedings; and territorial jurisdiction, which relates to the geographic area within which a court can operate.
2024b
- (Wikipedia, 2024) ⇒ https://en.wikipedia.org/wiki/Jurisdiction Retrieved:2024-8-25.
- Jurisdiction (from Latin 'law' + 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal).
Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society.
- Jurisdiction (from Latin 'law' + 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal).
2024c
- (LII Cornell Law School, 2024) ⇒ https://www.law.cornell.edu/wex/jurisdiction Retrieved:2024-8-25.
- QUOTE: Jurisdiction can be defined as:
- Power of a court to adjudicate cases and issue orders; or
- Territory within which a court or government agency may properly exercise its power. See, e.g. Ruhrgas AG v. Marathon Oil Co. et al., 526 U.S. 574 (1999).
- QUOTE: Jurisdiction can be defined as:
2024d
- (Britannica, 2024) ⇒ https://www.britannica.com/topic/jurisdiction Retrieved:2024-8-25.
- QUOTE: jurisdiction, in law, the authority of a court to hear and determine cases. This authority is constitutionally based. Examples of judicial jurisdiction are: appellate jurisdiction, in which a superior court has power to correct legal errors made in a lower court; concurrent jurisdiction, in which a suit might be brought to any of two or more courts; and federal jurisdiction (as opposed, for example, to state jurisdiction). A court may also have authority to operate within a certain territory. Summary jurisdiction, in which a magistrate or judge has power to conduct proceedings resulting in a conviction without jury trial, is limited in the U.S. to petty offenses.
2024e
- (Moyo, 2024) ⇒ Rowan T. Moyo (2024). "Jurisdiction: Definition, Sources, Types and Conflict of Laws". In: Juristopedia.
- QUOTE: Jurisdiction refers to the legal authority of a court to hear and decide a case, encompassing the power to make legal judgments and rulings based on geographic location, subject matter, and the parties involved in the dispute.
2015
- (Legal Dictionary Content Team, 2015) ⇒ https://legaldictionary.net/jurisdiction/ Updated: December 13, 2015.
- QUOTE: Jurisdiction is the authority granted by law to the courts to rule on legal matters and render judgments, according to the subject matter of the case, and the geographical region in which the issue took place. Areas of jurisdiction apply to local, state, and federal laws, which means that, for instance, a violation of federal law is tried in federal court. To explore this concept, consider the following jurisdiction definition.