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What are the Different Types of Jurisdiction?
Jessica Ellis
Jessica Ellis
"Jurisdiction" refers to the rights or authority by which a specific court is able to judge a case. There are several divisions of jurisdiction, including both geo-political and object-based divides. The three main types of jurisdiction are known as territorial, personal, and subject matter. The geo-political levels of jurisdiction are often divided into regional, state, national, and international levels. Determining jurisdiction helps define how a case shall be tried, and at what level of the courts.
The major types of jurisdiction help determine the geographic location of a case. For instance, if a couple lives in California, but one partner requests a divorce after moving alone to Wyoming, the courts of Wyoming could not make property or asset division determinations for the partner remaining in California. This would be because personal jurisdiction, one of the three major divisions, requires that a case be tried in an area where the defendant either resides or has some ties. The territorial division refers to the geographical area where a court has power. For instance, the state court of Virginia has power to handle cases that occur within the boundaries of the state.
Subject matter, the final major division, refers to the type of court with the authority to hear a case. For instance, a family law court has the authority to hear cases that involve custody, divorce, or child support determinations. A criminal court, by contrast, has the authority to handle cases in which a breach of the criminal code is alleged.
Jurisdiction is also determined by the level of authority of the court. In general, cases are heard by the court best-suited to manage them; it makes little sense, for instance, for a state court to hear a case that regards graffiti in a single city schoolyard. Similarly, a regional or local court would not have the authority to hear a case that involved a federal charge of murder. Most criminal and civil cases are heard at a state level, while cases that involve interstate crime, federal crime, or constitutional questions, are heard at the national level. Many countries also belong to international law bodies, such as the United Nations, that have a judicial branch that can act on a multinational level. Generally, adherence to the decisions of a supranational body such as the International Court of Justice, is voluntary on the part of each nation concerned.
One other division of jurisdiction may exist between primary and appellate courts. Primary courts hear new cases, such as a contract dispute brought to court for the first time. Appellate courts handle cases that have already gone through an initial trial, and have had a verdict which can be appealed. The job of the appellate court system is to review appeals to determine if the primary court acted appropriately.
Jessica Ellis
With a B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica is passionate about drama and film. She has many other interests, and enjoys learning and writing about a wide range of topics in her role as a MyLawQuestions writer.
Learn more...
Jessica Ellis
With a B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica is passionate about drama and film. She has many other interests, and enjoys learning and writing about a wide range of topics in her role as a MyLawQuestions writer.
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![Determining jurisdiction helps define how a case shall be tried, and at what level of the courts.]()
By: Junial EnterprisesDetermining jurisdiction helps define how a case shall be tried, and at what level of the courts. -
![A family law court has the authority to hear cases that involve custody.]()
By: sepyA family law court has the authority to hear cases that involve custody. -
![Primary courts hear new cases, while appellate courts handle cases that have already gone through an initial trial, and have had a verdict which can be appealed.]()
By: Jerry SliwowskiPrimary courts hear new cases, while appellate courts handle cases that have already gone through an initial trial, and have had a verdict which can be appealed.
Discussion Comments
What I never see discussed in any of these articles is how a lack of probable cause affects jurisdiction.
Is it correct to say that a judge would not have jurisdiction to hear a case if no probable cause exists in the indictment?
For example: when a prosecutor falsifies an indictment. An indictment that alleges the name of a criminal offense but doesn’t make any allegation of criminal actions (no actus reas).
In other words, the prosecutor is tying up the defendant in the legal system and the judge allows it.
While this is fraud, it happens all the time. It’s usually done to cover up wrong doing by the government (usually police).
Does no probable cause equal no jurisdiction? - - John
Ah, jurisdiction. A subject which drives law students nuts. One of the intriguing things about jurisdiction is that courts can often find personal jurisdiction more easily than you might expect. All a court needs to establish jurisdiction is minimum contacts with a state. That could mean the defendant passed through on the way to somewhere else or a company has mail order customers in a state. Those could both be enough to establish personal jurisdiction.
Good examples. It is important to point out that jurisdiction is often confused with venue. Jurisdiction means a court has the authority to hear a case, while venue refers to the appropriate place where he case should be heard. A court must have both jurisdiction and venue (in most cases, the venue is determined by where the defendant resides, where most of the acts took place, etc.) or it cannot hear a case.
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