Jurisdiction

Jurisdiction is the power and authority of the court to hear and decide a legal case.  One of the most fundamental questions of law is whether or not a certain court has jurisdiction to preside over a given case.  There are three components of jurisdiction that must be considered when determining a court’s authority to hear a case: jurisdiction of the person, jurisdiction over the matter in question, and jurisdiction to render the type of decision sought through the legal case. 

A court’s jurisdiction over any legal case is limited by the authority rendered to it by the United States constitution and the laws of region it serves.  The US Constitution has a number of statutes which govern jurisdiction.  Article III Section 2 of the Constitution provides jurisdiction to the federal courts to hear matters within its scope and the scope of Congressional statute.  The Fourteenth Amendment determines the state court’s territorial jurisdiction.  The Fifth Amendment determines federal court’s territorial jurisdiction. 

The first component of jurisdiction is a court’s authority to hear cases involving certain people.  Personal jurisdiction involves the court’s power to require a defendant or witness to come before the court.  For example, the United States Supreme Court has held that states have limited jurisdiction over cases involving nonresidents.  In a civil case, personal jurisdiction involves a summons which calls a person forward, while personal jurisdiction in a criminal case is achieved through a subpoena.  Jurisdiction in rem is related to the court’s authority to hear cases involving certain property without regards to personal jurisdiction.

The second component of jurisdiction is a court’s power to preside over cases involving certain subject matter.  Some court’s jurisdiction is limited to certain types of controversy, such as maritime law or civil suits involving a sum of money not exceeding a certain amount.  These courts are often referred to as courts of special or limited jurisdiction.  State courts have general jurisdiction meaning that they can hear any case except those prohibited by state statute and those allocated to federal courts.  State courts also have courts of limited jurisdiction that exist to hear only certain types of cases.  As mentioned before, federal courts have limited jurisdiction over legal cases and can only hear those that fall under the scope of federal law or the constitution. 

The third part of jurisdiction is the type of decision a court can render.  For example, a trial court can often decide matters such as the guilt or innocence of a defendant, while an appellate court cannot make such decisions.  The appellate court’s jurisdiction is limited to questions of law as applied to trial cases in determining whether to uphold or overturn a lower court’s decision.  The federal and state supreme courts have discretionary jurisdiction meaning they can decide what cases they will hear after appeal. 

If you would like to learn more about jurisdiction, please contact us to speak with a qualified and experienced attorney in your area who can evaluate your case to determine which court has jurisdiction to preside over your case.  A competent attorney can ensure that your legal interests are protected and maximized during your case.