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Topic: Concurrent jurisdiction

In the News (Fri 17 Feb 12)

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	"Jurisdiction" Defined & Explained
		Jurisdiction is original when it is conferred on the court in the first instance, called original jurisdiction; or it is appellate, which is when an appeal is given from the judgment of another court.
		Jurisdiction is also civil where the subject-matter to be tried is not of a criminal nature; or criminal where the court is to punish crimes.
		assistant jurisdiction is that which is afforded by a court of chancery, in aid of a court of law; as for example, by a bill of discovery, by the examination of witnesses de bene esse or out of the jurisdiction of the court; by the perpetuation of the testimony of witnesses and the like.
	www.lectlaw.com /def/j013.htm (1279 words)

	Legal Terms & Procedures-Court Structure
		Their criminal jurisdiction is basically limited to misdemeanors, but they have concurrent jurisdiction with the district courts in juvenile cases where separate juvenile courts do not exist.
		In civil cases, concurrent jurisdiction of district courts would extend up to $2,000 in wards where justices of the peace are in operation, and from $5,000 to $25,000 when their territorial jurisdiction is concurrent with that of a city court.
		Its territorial jurisdiction is composed of all that territory in the parish lying east of the Mississippi River.
	www.lsba.org /Legal-Library/legal_terms___procedures-court.html (2028 words)

	Rwanda \| Trials of Concurrent Jurisdiction (3)
		Clearly, the rationale for a regime of "stratified-concurrent jurisdiction," in which the international tribunal prosecutes (or strives to prosecute) the leaders, leaving to national governments the rest of the defendants, cannot rest on a view of international tribunals as supplements or substitutes for reluctant, ineffective, or incapacitated national courts.
		First, stratified-concurrent jurisdiction tends in practice to render injustices because trial before an international tribunal will tend, systematically, to be more favorable for defendants than would trial before national courts (leaving aside sham courts established to whitewash defendants).
		In addition, stratified-concurrent jurisdiction may tend to undermine the use of plea agreements, which may be a particularly important tool in the prosecution of mass-scale crimes, as exemplified in the Rwandan case.
	www.unc.edu /depts/diplomat/AD_Issues/amdipl_6/morris3.html (3422 words)

	[No title] (Site not responding. Last check: 2007-11-06)
		Concurrent Federal and State criminal jurisdiction.--There are, of course, Federal areas as to which a State, in ceding legislative jurisdiction to the United States, has reserved some measure of jurisdiction, including criminal jurisdiction, concurrently to itself.
		In instances of concurrent State and Federal criminal jurisdiction with respect to any matters the rights of all parties are, of course, determined with respect to such matters according to the rules of law generally applicable in areas of concurrent jurisdiction.
		The words "concurrent jurisdiction" were suggested because they were understood as including partial (or proprietorial) jurisdiction and as consisting essentially of that jurisdiction of the Federal Government which is provided by the Constitution, article IV, section 8.
	www.constitution.org /juris/fjur/2fj5.txt (6158 words)

	OSCN Found Document:OKLAHOMA FIRE INS. CO. v. PHILLIP
		The amount involved is within the jurisdiction of a justice of the peace, and the case was originally filed in such court in that county.
		It is vested with concurrent jurisdiction with the county court in all civil and criminal matters, except matters of probate.
		"Concurrent jurisdiction" was defined by the Supreme Court of the territory of Oklahoma, in the case of Rogers v.
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=3931 (1201 words)

	Concurrent jurisdiction - Wikipedia, the free encyclopedia
		Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case.
		In the United States, concurrent jurisdiction exists to the extent that the Constitution of the United States permits U.S. federal courts to hear actions that can also be heard by U.S. state courts.
		Concurrent jurisdiction in the United States can also exist between different levels of state courts, and between courts and other government agencies with judicial powers.
	en.wikipedia.org /wiki/Concurrent_jurisdiction (228 words)

	1999 National Report Series, Juvenile Justice Bulletin: Minorities in the Juvenile Justice System -- All States allow ... (Site not responding. Last check: 2007-11-06)
		Concurrent jurisdiction: Original jurisdiction for certain cases is shared by both criminal and juvenile courts, and the prosecutor has discretion to file such cases in either court.
		Concurrent jurisdiction is typically limited by age and offense criteria.
		Often concurrent jurisdiction is limited to cases involving serious, violent, or repeat crimes or offenses involving firearms or other weapons.
	www.ncjrs.gov /html/ojjdp/9912_2/juv5.html (1150 words)

	Mattox Opinion No. JM-1244
		Matters and proceedings in the concurrent jurisdiction of the 356th District Court and the county court may be filed in either court, and all cases of concurrent jurisdiction may be transferred between the 356th District Court and the county court.
		The county court shall continue to exercise jurisdiction over the management of the estate with the exception of the contested matter until final disposition of the contested matter is made by the assigned judge or the district court.
		Its jurisdiction is limited to contested probate matters that may be transferred to the district court pursuant to subsection (b) of section 5 of the Probate Code.
	www.oag.state.tx.us /opinions/op47mattox/jm-1244.htm (725 words)

	The Court Systems That Produce Case Law
		Exclusive jurisdiction means that only one court has the power to hear a case, while concurrent jurisdiction means that more than one court would have the power to hear the case.
		A court of original jurisdiction is a court that has the power to "try" a case, resolving the merits of a dispute by determining the facts, deciding the legal issues, and applying the law to the facts.
		For most cases, however, jurisdiction is determined by the amount in controversy in civil cases and the felony versus misdemeanor classification, or the maximum potential penalty, or both, in criminal cases.
	academic.udayton.edu /legaled/online/class/case07.htm (1717 words)

	Mattox Opinion No. JM-237
		The County Court of Dallas County at Law No. 1 has original and concurrent jurisdiction with district courts in all civil cases in which the matter in controversy exceeds $500, excluding interest, and does not exceed $20,000, excluding interest, mandatory damages and penalties, attorney's fees, and costs.
		jurisdiction of all cases, original and appellate," relates to the law as it existed when articles 1970-16, 1970-31.1, and 1970-31.2 were enacted and encompasses any subsequent amendment of the jurisdiction of Court No.
		2, 3, 4, and 5 so that their jurisdiction is concurrent with district courts in all civil cases in which the matter in controversy exceeds $500, excluding interest, and does not exceed $20,000, excluding interest, mandatory damages and penalties, attorney's fees, and costs.
	www.oag.state.tx.us /opinions/op47mattox/jm-0237.htm (1444 words)

	Tribal Court Development Alaska Tribes
		Jurisdiction is at the heart of tribal sovereignty, and tribal courts throughout Alaska are on the front lines of asserting it.
		Concurrent jurisdiction occurs very commonly, and sometimes governments have written agreements to sort out which one is going to handle what, and under what circumstances.
		Concurrent jurisdiction sometimes leads to the situation where there is a ‘race to the courthouse’ to begin a case.
	thorpe.ou.edu /AKtribalct/chapter_two.html (6477 words)

	37-1-104. Concurrent jurisdiction.
		(b) The juvenile court has concurrent jurisdiction with the general sessions court for the offense of contributing to the delinquency or unruly conduct of a minor as defined in § 37-1-156.
		The contracting court shall not have jurisdiction in any case in which an absent parent is in full compliance with a support order of another court.
		Jurisdiction and procedures for emancipation proceedings, OAG 96-064 (4/8/96).
	www.state.tn.us /tccy/tnchild/37/37-1-104.htm (669 words)

	[No title]
		Workers' compensation -- jurisdiction is concurrent in the courts and commission -- trial court properly found that it had concurrent jurisdiction to determine applicability of Workmen's Compensation Law.
		While both sources cited by appellee suggest that exclusive jurisdiction in the agency is superior to concurrent jurisdiction in the courts and agency, our cases suggest to the contrary.
		We observe, however, that although the trial court ruled it had concurrent jurisdiction to determine the applicability of the Workers' Compensation Law to this case, it never ruled whether the Workers' Compensation Law did or did not apply to this case.
	courts.state.ar.us /opinions/1996/95-789.txt (2520 words)

	OSCN Found Document:Ex parte Whitehouse
		7) giving to the superior court concurrent jurisdiction with the county court in all criminal matters is unconstitutional, and that the superior court cannot exercise jurisdiction in criminal cases of which the county court has jurisdiction.
		The county court shall have jurisdiction concurrent with justices of the peace in misdemeanor cases, and exclusive jurisdiction in all misdemeanor cases of which justices of the peace have not jurisdiction.
		Neither is it necessary to construe that part of the section giving to the judge of the county court the jurisdiction of a district judge in certain cases.
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=11919 (2999 words)

	Statutes
		Concurrent jurisdiction provisions vary considerably with respect to minimum age and offense criteria.
		As of the end of the 2004 legislative session, 14 states and the District of Columbia had concurrent jurisdiction provisions, which give both juvenile and criminal court original jurisdiction in certain cases.
		Often, concurrent jurisdiction is limited to cases involving violent or repeat crimes or offenses involving firearms or other weapons.
	ojjdp.ncjrs.org /ojstatbb/structure_process/qa04111.asp?qaDate=2004 (323 words)

	[No title]
		In situations where the jurisdiction of a statutory probate court is concurrent with that of a district court, any cause of action appertaining to estates or incident to an estate shall be brought in a statutory probate court rather than in the district court.
		In a situation in which the jurisdiction of a statutory probate court is concurrent with that of a district court, a cause of action appertaining to or incident to a guardianship estate shall be brought in a statutory probate court rather than in the district court.
		A statutory probate court has concurrent jurisdiction with the district court in all actions by or against a person in the person's capacity as a personal representative, in all actions involving an inter vivos trust, in all actions involving a charitable trust, and in all actions involving a testamentary trust.
	www.texasprobate.com /articles/jurisd.htm (13118 words)

	Human Rights Brief - Center for Human Rights and Humanitarian Law - Washington College of Law
		Criminal jurisdiction over acts committed by U.S. military personnel on foreign soil is divided into three categories: exclusive foreign jurisdiction, exclusive U.S. military jurisdiction, and concurrent jurisdiction.
		Once jurisdiction is exerted, the other state has no legal recourse over the military offender's criminal offenses, regardless of the ultimate disciplinary outcome under the other party's system.
		The manner by which an act is determined to be committed in the course of official duties (one of the categories for U.S. military primary concurrent jurisdiction) reveals how the U.S. military has the possibility of manipulating the facts of a case to support its jurisdictional claims.
	www.wcl.american.edu /hrbrief/06/3militaryviolence.cfm (2915 words)

	Rule 45.Concurrent Jurisdiction.
		A civil action that falls within the concurrent jurisdiction of the superior court and the district court shall be filed in the district court (except for a petition for injunctive relief under AS 25.35.010 or 25.35.020).
		Jurisdiction is established by the pleading of claims as they appear at the time of filing of the complaint or other claim.
		When a permissive counterclaim is filed in an action in excess of district court jurisdiction, the district court judge shall either order referral of the case to the superior court or order severance of the claim to be proceeded with separately.
	www.touchngo.com /lglcntr/ctrules/admin/ADM-58.htm (372 words)

	Local Rules of the District Courts
		Concurrent jurisdiction of the District Courts with the County Courts at Law is set forth in Section 25.1722 (a) of the Texas Government Code.
		The District Clerk shall assign cases of concurrent jurisdiction to the District Courts and the County Courts at Law.
		These rules are adopted by the District Judges for all purposes and by the County Court at Law Judges for those provisions that effect the concurrent jurisdiction of the county courts.
	www.co.montgomery.tx.us /dcourts/lorules.htm (3891 words)

	Madeline H. Morris, The Trials Of Concurrent Jurisdiction: The Case Of Rwanda, 7 Duke J. of Comp. & Int'l L. 349 (1997) (Site not responding. Last check: 2007-11-06)
		Here, the temporal jurisdiction limit of the ICTR would be significant: incitements to genocide that occurred prior to 1994 (and they did) would be excluded from the prosecutorial scope of the International Tribunal.
		This means that, where the ICTR and a national body each have a legal basis for jurisdiction over a given case, the ICTR is entitled -- but not obliged -- to exercise jurisdiction to the exclusion of the national body.
		The broad range of issues concerning the interaction of national and international jurisdictions forms the basis for ongoing debates on "complementarity" between national criminal jurisdictions and a permanent international criminal court.
	www.law.duke.edu /journals/djcil/articles/djcil7p349.htm (9718 words)

	Title 4 - §152. District Court; civil jurisdiction
		The District Court has original jurisdiction upon complaint of a licensing agency to determine whether renewal or reissuance of a license of that agency may be refused.
		The District Court has original concurrent jurisdiction to grant equitable relief in proceedings initiated by an agency or the Department of the Attorney General alleging any violation of a license or licensing laws or rules.
		Original jurisdiction, not concurrent with the Superior Court, of actions for divorce, annulment of marriage or judicial separation and proceedings under Title 19-A, except as otherwise specifically provided.
	janus.state.me.us /legis/statutes/4/title4sec152.html (1139 words)

	AGO_1967_No_003 (Site not responding. Last check: 2007-11-06)
		The county coroner's jurisdiction over deaths occurring on the navy base is the same as his jurisdiction over deaths occurring anywhere else in the county.
		However, the coroner's jurisdiction cannot be exercised on the base if his action will either (1) interfere with the power of the United States to provide for the national defense (or with any other federal power) or (2) interfere with an exercise by Congress of its concurrent legislative jurisdiction over the area.
		Page 7]] Advocate General of the Army has stated in an opinion that, irrespective of the jurisdictional status of a federal reservation, effectuation of federal purposes and the proper administration of the reservation may require total exclusion of state and local officials who ordinarily would be entitled to perform their functions there.
	www.atg.wa.gov /opinions/1967/opinion_1967_003.html (2543 words)

	2005 Senate Bill 448 (Expand trial court concurrent jurisdiction ) - Michigan Votes
		Introduced by Sen. Alan L. Cropsey on April 28, 2005, to allow a system of concurrent jurisdiction among trial courts, in which probate judges have the same authority as district judges, including jurisdiction over small claims and civil infraction actions.
		The bill would also revise the per-day salary of a retired judge assigned to active judicial service, and make other minor changes relating to the operation and administration of Michigan courts.
		Passed in the House (102 to 0) on December 7, 2005, to allow a system of concurrent jurisdiction among trial courts, in which probate judges have the same authority as district judges, including jurisdiction over small claims and civil infraction actions.
	www.michiganvotes.org /2005-SB-448 (473 words)

	Jurisdiction - Wikipedia, the free encyclopedia
		3 The jurisdiction of courts between and within states
		Holland 252 U.S. edit] The jurisdiction of courts between and within states
		Under 28 U.S.C., the Supreme court has original and exclusive jurisdiction over controversies between two or more states, and original (but non-exclusive) jurisdiction over cases involving officials of foreign states, controversies between the federal government and a state, actions by a state against the citizens of another state or foreign country.
	en.wikipedia.org /wiki/Jurisdiction (2678 words)

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