Jurisdiction
From Wikipedia, the free encyclopedia.
In law, jurisdiction refers to the aspect of any unique legal authority as being localized within the territorial boundaries of a state. Where an established legal authority is widely recognized, "jurisdiction" simply refers to matters of law which fall under the power of the legal authority to arbitrate. Matters for legal arbitration may or may not fall within its jurisdiction — i.e. discrete geographic regions, people, or legal concepts.
In a global context, jurisdiction often refers to particular regions under the control of unique local legal authorities and the outcome is often a complicated patchwork of overlapping provisions. For example, the Member States of the EEC signed the Brussels Convention in 1968 and, subject to amendments as new states joined, it represents the default law for all twenty-five Member States of what is now termed the European Union. In addition, the Lugano Convention (1988) binds the European Union and the European Free Trade Area. With effect from 1 March 2002, all the Member States of the EU except Denmark accepted Council Regulation (EC) 44/2001, which makes major changes to the Brussels Convention and is directly effective in the Member States. At a state level, the traditional rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area.
In areas where a legal authority is not widely recognized, an executive authority may have an "executive jurisdiction." Likewise "executive authority" may refer to any non-legal authority, or any authority whose force of arms supersede those of a local legal authority.
The concept of universal jurisdiction is fundamental to UN, and the World Court, which assert the benefit and feasibility of fostering an overarching legal entity, with jurisdiction over such matters as war crimes, sovereignty, and human rights. The concept of universal jurisdiction is controversial among those who typically prefer to evoke executive or military authority, through realpolitik-based diplomacy.
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Common law
Distinctions between areas of jurisdiction are typically codified in a national constitution. In most common law systems, jurisdiction is conceptually divided between jurisdiction over the subject matter of a case and jurisdiction over the person of the litigants. (See personal jurisdiction.) Sometimes a court may exercise jurisdiction over property located within the perimeter of its powers without regard to personal jurisdiction over the litigants; this is called jurisdiction in rem.
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 whose subject-matter is not limited to certain types of controversy is referred to as a court of general jurisdiction. In the United States, each state has courts of general jurisdiction; most states also have some courts of limited jurisdiction. Federal courts (those operated by the federal government are courts of limited jurisdiction. Federal jurisdiction is divided into federal question jurisdiction and diversity jurisdiction. The United States District Courts may hear only cases arising under federal law and treaties, cases involving ambassadors, admiralty cases, controversies between states or between a state and citizens of another state, lawsuits involving citizens of different states, and against foreign states and citizens.
Certain courts, particularly the United States Supreme Court and most state supreme courts, have discretionary jurisdiction, meaning that they can choose which cases to hear from among all the cases presented on appeal. Such courts generally only choose to hear cases that would settle important and controversial points of law. Though these courts have discretion to deny cases they otherwise could adjudicate, no court has the discretion to hear a case that falls outside of its subject-matter jurisdiction.
Executive jurisdiction
Jurisdiction also denotes the area over which the executive or legislative powers or laws of a government extend. Similarly, the term also denotes the territory over which a state exerts or claims sovereignty or power (sometimes known as territorial jurisdiction).
In private international law, a supranational organization (e.g. the European Union), a nation-state, or a province (i.e. a subnational "state") in a federation (as can be found in Australia, Brazil, India, Mexico and the United States), may all exercise jurisdiction although the problem of forum shopping is growing.
Sometimes when the areas of separate governmental entitities overlap one another—for example, between a state and the federation to which it belongs—their jurisdiction is shared or concurrent jurisdiction. Otherwise one governmental entity will have exclusive jurisdiction over the shared area. When jurisdiction is concurrent, one governmental entity may have supreme jurisdiction over the other entity if their laws conflict. If the executive or legislative powers within the jurisdiction are not restricted or restricted only by a number of limited restrictions, these government branches have plenary power such as the police power. Otherwise an enabling act grants only limited or enumerated powers.
Jurisdiction of labor unions
Labor unions use the term jurisdiction to refer to their claims to represent workers who perform a certain type of work and the right of their members to perform such work, e.g., the work of unloading containerized cargo at United States ports, which both the International Longshore and Warehouse Union and the International Brotherhood of Teamsters have claimed rightfully should be assigned to workers they represent. A jurisdictional strike is a concerted refusal to work undertaken by a union to assert its members’ right to such job assignments and to protest the assignment of disputed work to members of another union or to unorganized workers. Jurisdictional strikes occur most frequently in the United States in the construction industry.
Unions also use jurisdiction to refer to the geographical boundaries of their operations, as in those cases in which a national or international union allocates the right to represent workers among different local unions based on the place of those workers' employment, either along geographical lines or by adopting the boundaries between political jurisdictions.
See also
External links
- LII Law about... Jurisdiction
- Supreme Court Decision on Guantanamo Bay jurisdiction
