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Topic: Jurisdiction


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  Jurisdiction - Wex
Any court possesses jurisdiction over matters only to the extent granted to it by the Constitution, or legislation of the sovereignty on behalf of which it functions.
Subject matter jurisdiction is the court's authority to decide the issue in controversy such as a contracts issue, or a civil rights issue.
State court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fourteenth Amendment (http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html) and the federal court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fifth Amendment (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv).
www.law.cornell.edu /topics/jurisdiction.html   (392 words)

  
  CATHOLIC ENCYCLOPEDIA: Ecclesiastical Jurisdiction
jurisdiction is possessed by the cardinals, officials of the Curia and the congregations of cardinals, the patriarchs, primates, metropolitans, archbishops, the praelati nullius, and prelates with quasi-epsicopal
jurisdiction expires on the death of the delegate, in case the commission were not issued in view of the permanence of his office, on the loss of office or the death of the delegator, in case the delegate has not acted (re adhuc integra, the
jurisdiction of the bishop was not recognized in the new Teutonic kingdoms.
www.newadvent.org /cathen/08567a.htm   (2543 words)

  
  Jurisdiction - Wikipedia, the free encyclopedia
In law, jurisdiction (from the Latin jus, juris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.
A court whose subject-matter jurisdiction is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction.
A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff, while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction (or a lower appellate court) has heard the matter.
en.wikipedia.org /wiki/Jurisdiction   (2664 words)

  
 Encyclopedia :: encyclopedia : Personal jurisdiction   (Site not responding. Last check: 2007-11-07)
Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court.
In general, to be subject to personal jurisdiction, a defendant that was not personally served with process within the state must have a sufficient level of personal or business contacts with the state in which the court sits that the defendant could reasonbly expect to be sued there.
Normally, the personal jurisdiction of a United States District Court is concurrent with the personal jurisdiction of the courts of the state in which it sits.
www.hallencyclopedia.com /Personal_jurisdiction   (584 words)

  
 International - Creative Commons
This work is lead by CCi director Catharina Maracke (email) and volunteer teams in each jurisdiction who are committed to introducing CC to their country and who consult extensively with members of the public and key stakeholders in an effort to adapt the CC licenses to their jurisdiction.
Our generic licenses are jurisdiction-agnostic: they do not mention any particular jurisdiction's laws or statutes or contain any sort of choice-of-law provision.
After the ported licenses are launched, CCi continues to collaborate with the international affiliates to maintain the legal framework and to adapt later versions of the licenses.
creativecommons.org /worldwide   (500 words)

  
 Personal Jurisdiction
Jurisdiction over the parties (personal jurisdiction) relates to the question of whether someone from another state, Alaska, New York, or Nevada can be forced to come to the state where the lawsuit was filed (the "forum state") e.g.
Jurisdiction may be challenged in a FRCP 12(b) motion or included as a defense in the answer.
Stated another way, the distinction is this: jurisdiction is the power to adjudicate, venue relates to the place where judicial authority may be exercised and is intended for the convenience of the litigants.
www.west.net /~smith/jurisdiction.htm   (1987 words)

  
 Federal Jurisdiction
Congress has power to exercise exclusive jurisdiction over this district, and over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings.
Federal jurisdiction results only from a conveyance of state jurisdiction to the federal government for lands owned or otherwise possessed by the federal government, and thus federal jurisdiction is extremely limited in nature.
State courts are courts of general jurisdiction and in a state criminal prosecution, the state must only prove that the offense was committed within the state and a county thereof.
www.constitution.org /juris/fedjur1.htm   (7061 words)

  
 "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)

  
 Supplied Jurisdiction & Traditional Priests
Jurisdiction is the fact that the bishop gives a flock to his priests, or that the Pope designates a flock for a bishop by giving him a diocese.
Jurisdiction is the power which a superior has over his flock and which a pastor has over his sheep.
Traditional priests have jurisdiction over each one of their faithful who come to their chapel or traditional church or traditional convent or priory, and they do not have jurisdiction over a determined territory as for example the territory of a parish.
www.sspx.org /miscellaneous/supplied_jurisdiction.htm   (5874 words)

  
 Rome Statute of the International Criminal Court - Wikipedia, the free encyclopedia
It was opened for signature on July 17, 1998 and entered into force on July 1, 2002 as the 60th instrument of ratification was deposited with the Secretary General on 11 April 2002, when 10 countries simultaneously deposited their instruments of ratification.
Any perpetrator of a crime within the jurisdiction of the Court, committed after this date, is liable to prosecution.
The Statute provides for the ICC to have jurisdiction over three main classes of offences: genocide, crimes against humanity and war crimes.
en.wikipedia.org /wiki/Rome_Statute_of_the_International_Criminal_Court   (606 words)

  
 The Princeton Principles on Universal Jurisdiction
Universal jurisdiction may be exercised by a competent and ordinary judicial body of any state in order to try a person duly accused of committing serious crimes under international law as specified in Principle 2(1), provided the person is present before such judicial body.
A state, in the exercise of universal jurisdiction, may, for purposes of prosecution, seek judicial assistance to obtain evidence from another state, provided that the requesting state has a good faith basis and that the evidence sought will be used in accordance with international due process norms.
The exercise of universal jurisdiction with respect to serious crimes under international law as specified in Principle 2(1) shall not be precluded by amnesties which are incompatible with the international legal obligations of the granting state.
www1.umn.edu /humanrts/instree/princeton.html   (947 words)

  
 Jurisdiction   (Site not responding. Last check: 2007-11-07)
The jurisdiction of the Patriarch, which had been limited to a number of Middle Eastern countries and India, was expanded because of the emigration of a large number of church members to the whole world, specifically to every Syrian Orthodox Church which was established on any of the five continents.
The book Nomocanon, in which Bar Hebraeus treated the church, her sacraments and her feasts in the first 8 chapters, is not sufficient to clarify the meaning of jurisdiction and to describe how to practice authority in the church.
The boundaries of his jurisdiction and his direct authority in his archdiocese is the patriarchal residence which has been determined by the Holy Synod.
www.syrianorthodoxchurch.org /library/Articles/Jurisdiction.htm   (5379 words)

  
 Jurisdiction
The Court's jurisdiction is broad, covering almost all civil matters arising under Australian federal law and some summary criminal matters.
The Court's jurisdiction under the Corporations Act 2001 covers a diversity of matters ranging from the appointment of provisional liquidators and the winding up of companies, to applications for the orders available in relation to fundraising, corporate management and misconduct by company officers.
This jurisdiction was exercised concurrently with the Supreme Courts of the States and Territories.
www.fedcourt.gov.au /aboutct/aboutct_jurisdiction.html   (678 words)

  
 law.com Law Dictionary
Jurisdiction in the courts of a particular state may be determined by the location of real property in a state (in rem jurisdiction), or whether the parties are located within the state (in personam jurisdiction).
More than one court may have concurrent jurisdiction, such as both state and federal courts, and the lawyer filing the lawsuit may have to make a tactical decision as to which jurisdiction is more favorable or useful to his/her cause, including time to get to trial, the potential pool of jurors or other considerations.
State appeals are under the jurisdiction of the state appellate courts, while appeals from federal district courts are within the jurisdiction of the courts of appeal and eventually the Supreme Court.
dictionary.law.com /default2.asp?selected=1070&bold=||||   (503 words)

  
 jurisdiction - Definitions from Dictionary.com
NOTE: Ancillary jurisdiction allows a single court to decide an entire case instead of dividing the claims among several courts and proceedings, and allows a federal court to decide a claim that would otherwise be properly brought to a state court.
The constitutional standard to determine whether a party is subject to the personal jurisdiction of a court is whether that party has had minimum contacts within the territory (as a state) of that court.
jurisdiction granted federal courts over claims that could not be heard in a federal court on their own but that are so closely related to claims over which the court has original jurisdiction that they form part of the same case —see also
dictionary.reference.com /browse/jurisdiction   (1278 words)

  
 IRMI - Jurisdiction in Workers Compensation Cases
Jurisdiction also determines which state law applies concerning whether or not workers compensation is the exclusive remedy and whether or not the employer retains immunity from civil suit.
The only exception to these examples of state jurisdiction is that 15 states will not apply their law to out-of-state employers with insurance under another state law.
Jurisdiction can be confusing, and usually advice of legal counsel is necessary to determine whether jurisdiction will lie in a particular state.
www.irmi.com /expert/Articles/2000/Pocius09.aspx   (781 words)

  
 Subject-Matter Jurisdiction
While in a court of general jurisdiction, there is a presumption that the judge has subject-matter jurisdiction, such is not the case in courts of limited jurisdiction.
In a court of limited jurisdiction, whenever a party denies that the court has subject-matter jurisdiction, it becomes the duty and the burden of the party claiming that the court has subject-matter jurisdiction to provide evidence from the record of the case that the court holds subject-matter jurisdiction.
If subject-matter jurisdiction is denied, it must be proved by the party claiming that the court has subject-matter jurisdiction as to all of the requisite elements of subject-matter jurisdiction.
www.clr.org /smj.html   (2757 words)

  
 FEDERAL JURISDICTION
Congress has power to exercise exclusive jurisdiction over this district, and over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings.
Federal jurisdiction results from a conveyance of state jurisdiction to the federal government for lands owned or otherwise possessed by the federal government, and thus federal jurisdiction is extremely limited in nature.
Jurisdiction Over Federal Areas Within The States: Report of the Interdepartmental Committee for the Study of Jurisdiction Over Federal Areas Within the States, Part II, and this report is the definitive study on this issue.
home.hiwaay.net /~becraft/FEDJurisdiction.html   (7323 words)

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