Jurisdiction Legislation Legal


Parties often sue a defendant domiciled in another State. In order for a state court to hear this case, that court must generally meet the constitutional requirements of due process of territorial jurisdiction (see above) as well as the state`s legal requirement, generally known as a state`s long-armed law. Substantive jurisdiction is the power of the court to decide the issue in a dispute, such as a treaty question or a civil rights issue. State courts have general jurisdiction, which means that they can hear all controversies, except those prohibited by state law (for example, some states deny subject matter jurisdiction for a case in which no citizen of the state is involved and has not taken place in the state) and those assigned to federal courts with exclusive jurisdiction. such as bankruptcy matters (see 28 U.S.C. § 1334). Federal courts have limited jurisdiction in that they can only hear cases that fall within the scope of both the Constitution in Article III, Section 2, and acts of Congress (see 28 U.S.C. §1251, §1253, §1331, §1332). However, in a special category of cases, the Supreme Court of the United States has the power to exercise jurisdiction in the first instance. Pursuant to 28 U.S.C. Section 1251, the Supreme Court has original and exclusive jurisdiction over controversies between two or more states and trial (but not exclusive) jurisdiction over cases involving officials of foreign states, controversies between the federal government and a state, acts of a state against citizens of another state or foreign country. Despite the guarantees built into the constitutions of most of these organizations, courts and tribunals, the concept of universal jurisdiction is controversial among nations that favor unilateral over multilateral solutions through the use of executive or military authority, sometimes referred to as realpolitik diplomacy.

As a practical example of jurisdiction, there are five types of courts in Utah in 2013, each for different legal issues and different physical territories. [18] One hundred and eight judges oversee the courts, which handle traffic and parking referrals, misdemeanors and most small claims matters. Seventy-one judges preside over district courts that deal with civil matters that cross the lines of small claims, estate law, felonies, divorce and custody cases, certain minor claims, and appeals from the courts. Twenty-eight judges deal with the juvenile court, which oversees most persons under the age of 18 charged with a crime, as well as alleged cases of child abuse or neglect; Serious crimes committed by 16- or 17-year-olds may be referred to district courts. Seven judges of the Court of Appeal hear most criminal appeals from the district courts, all appeals from the juvenile courts and all divorce cases before the district courts, as well as some cases referred to them by the Supreme Court. The Supreme Court has five judges who hear appeals from first-degree (most serious) crimes, including capital crimes, as well as all civil cases in the district courts (except divorce and family cases). The Supreme Court also oversees cases involving constitutional interpretation, electoral matters, judicial conduct, and allegations of attorney misconduct. This example shows how issues arising in the same physical domain can be considered by different courts.

A minor traffic violation in Orem, Utah, is being dealt with by the Orem District Court. However, a second-degree arrest and a first-degree arrest in Orem would fall under the jurisdiction of the District Court in Provo, Utah. If the minor traffic violation and arrests resulted in guilty verdicts, the traffic sentence could be challenged in the Provo District Court, while the second-degree appeal would be heard by the Salt Lake City Court of Appeals and the first degree appeal by the Supreme Court. Similarly, in civil cases, a small claims case arising in Orem would likely be heard by the Orem Court of Justice, while a divorce filed by an Orem resident would be heard by the Provo District Court. The above examples apply only to Utah State law cases; Any matter under federal jurisdiction would be dealt with by a different court system. All federal cases arising in Utah would be subject to the jurisdiction of the U.S. District Court for the District of Utah, located in Salt Lake City, Utah, and would be heard by one of the three federal courts. Article III, section II, of the Constitution establishes the jurisdiction (legal capacity to hear a case) of the Supreme Court. The Court has jurisdiction at first instance (a case is heard by the Court) for certain cases, such as disputes between two or more States and/or cases involving ambassadors and other public ministers. The court has jurisdiction over almost all other cases involving a constitutional and/or federal question of law (the court may hear the case on appeal). Some examples are cases in which the United States is a contracting party, treaty cases, and cases involving ships on the high seas and on inland waterways (admiralty cases). When the responsibilities of government agencies overlap – for example, between a state and the federation to which it belongs – their jurisdiction is divided or concurrent.

Otherwise, a government agency has exclusive jurisdiction over the common territory. If the jurisdiction is competitive, a government agency may have the highest jurisdiction over the other entity if its laws are in conflict.