jurisdiction

Examples of jurisdiction in the following topics:

• Federal Jurisdiction

  • Federal courts may only hear cases where federal jurisdiction can be established.
  • Specifically, the court must have both subject-matter jurisdiction over the matter of the claim and personal jurisdiction over the parties .
  • If a Federal Court has subject matter jurisdiction over one or more of the claims in a case, it has discretion to exercise ancillary jurisdiction over other state law claims.
  • The law of jurisdiction must remain apart from the world upon which it operates."
  • The federal district courts represent one of the ways federal jurisdiction is split.

• Types of Courts

  • In these cases, the district courts have jurisdiction to hear appeals from such lower bodies.
  • In a few situations, like lawsuits between state governments or some cases between the federal government and a state, the Supreme Court becomes the court of original jurisdiction.
  • In all other cases, however, the Court has only appellate jurisdiction.
  • It considers cases based on its original jurisdiction very rarely; almost all cases are brought to the Supreme Court on appeal.
  • In practice, the only original jurisdiction cases heard by the Court are disputes between two or more states.

• Courts

  • Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter.
  • A plaintiff is the term used in some jurisdictions for the party who initiates a civil lawsuit before a court.
  • In the United States, the legal authority of a court to take action is based on personal jurisdiction, subject-matter jurisdiction, and venue over the parties to the litigation.
  • Personal jurisdiction refers to a court's jurisdiction over the parties to a lawsuit.
  • Personal jurisdiction means the power of the court to decide a dispute, as against a particular person.

• Financing State and Local Government

  • State and local income tax rates vary widely by jurisdiction and many are graduated, or increase progressively as income levels increase.
  • Sales tax rates also vary widely among jurisdictions, from 0% to 16%, and may vary within a jurisdiction based on the particular goods or services taxed.
  • Property tax is generally imposed only on real estate, though some jurisdictions tax some forms of business property.

• Formation of the Corporation

  • The law of the jurisdiction in which a corporation operates will regulate most of its internal activities, as well as its finances.
  • These terms vary by jurisdiction and language.
  • In some jurisdictions they are mandatory, and in others they are not.
  • This requirement generally applies in Europe, but not in Anglo-American jurisdictions, except for publicly traded corporations where financial disclosure is required for investor protection.
  • All corporations must have a distinctive element, and in most filing jurisdictions, a legal ending to their names.

• Basic Judicial Requirements

  • State courts may have different names and organization; trial courts may be called "courts of common plea" and appellate courts "superior courts" or "commonwealth courts. " State courts hear about 98% of litigation; most states have special jurisdiction courts, which typically handle minor disputes such as traffic citations, and general jurisdiction courts, which handle more serious disputes.
  • In order for a district court to entertain a lawsuit, Congress must first grant the court subject matter jurisdiction over the type of dispute in question.
  • For most of these cases, the jurisdiction of the federal district courts is concurrent with that of the state courts.
  • Congress has established a procedure whereby a party, typically the defendant, can remove a case from state court to federal court, provided that the federal court also has original jurisdiction over the matter.
  • Patent and copyright infringement disputes and prosecutions for federal crimes, the jurisdiction of the district courts is exclusive of that of the state courts.

• The Federal Tax System

  • State and local tax rates vary widely by jurisdiction, from 0% to 12.696% and many are graduated.
  • Property tax is generally imposed only on realty, though some jurisdictions tax some forms of business property.
  • Sales tax rates vary widely among jurisdictions, from 0% to 16%, and may vary within a jurisdiction based on the particular goods or services taxed.
  • The United States imposes tariffs or customs duties on the import of many types of goods from many jurisdictions.

• The Powers of State Government

  • State governments are republics formed by citizens in the jurisdiction as provided by the Constitution.
  • State governments in the United States are the republics formed by citizens in the jurisdiction as provided by the Constitution.

• Article III

  • The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
  • In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.
  • In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

• Consumer Products

  • This will vary from one jurisdiction to another.
  • The CPSC has jurisdiction over more than 15,000 different products; however, the CPSA excludes from the CPSC's jurisdiction those products that expressly lie in another federal agency's jurisdiction, for example food, drugs, cosmetics, medical devices, tobacco products, firearms and ammunition, motor vehicles, pesticides, aircraft, and boats.