{"id":362373,"date":"2013-01-28T16:34:14","date_gmt":"2013-01-28T21:34:14","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dictionary\/definition\/jurisdiction.html"},"modified":"2013-01-28T16:34:14","modified_gmt":"2013-01-28T21:34:14","slug":"jurisdiction","status":"publish","type":"dictionary","link":"https:\/\/dictionary.findlaw.com\/definition\/jurisdiction.html","title":{"rendered":"Jurisdiction"},"content":{"rendered":"\n
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term:<\/p>\n

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n<\/p><\/dt>\n

[Latin jurisdictio<\/i>, from juris<\/i>, genitive of jus<\/i> law + dictio<\/i> act of saying, from dicere<\/i> to say]
1<\/b> :<\/b> the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime “U.S. Constitution<\/i> art. IV”] [a court of competent ] see also situs<\/a> International Shoe Co. v. Washington<\/i> in the Important Cases section compare venue<\/a> NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. <\/i> <\/p>\n

ancillary jurisdiction<\/b>
:<\/b> jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction
;specif<\/i>
:<\/b> supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case brought to the court under its diversity jurisdiction compare pendent jurisdiction<\/a> in this entry 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. <\/i> <\/p>\n

appellate jurisdiction<\/b>
:<\/b> the jurisdiction granted to particular courts to hear appeals of the decisions of lower tribunals and to reverse, affirm, or modify those decisions compare original jurisdiction<\/a> in this entry <\/p>\n

concurrent jurisdiction<\/b>
:<\/b> jurisdiction that is shared by different courts and that may allow for removal [two states may have concurrent jurisdiction<\/i> over crimes committed on boundary rivers “W. R. LaFave and A. W. Scott, Jr.”] <\/p>\n

diversity jurisdiction<\/b>
:<\/b> the jurisdiction granted to federal courts over civil disputes involving parties having diverse citizenship (as in being from different states) where the matter in controversy exceeds a statutory amount (as $50,000) see also Article III<\/i> of the Constitution<\/a> in the back matter NOTE: The diversity jurisdiction of the district courts requires that there be complete diversity of the parties, which means that no party on one side has the same citizenship as a party on the other side. Interpleader in federal district courts, however, requires only minimal diversity, which means that at least one party has citizenship that differs from the others. The federal courts have traditionally refused to exercise their diversity jurisdiction over cases involving domestic relations and probate. <\/i> <\/p>\n

exclusive jurisdiction<\/b>
:<\/b> jurisdiction granted only to a particular court to the exclusion of others [federal courts have exclusive jurisdiction<\/i> over bankruptcy cases] <\/p>\n

federal question jurisdiction<\/b>
:<\/b> the jurisdiction granted to federal courts over civil actions arising under the Constitution, federal laws, or treaties of the U.S.
:<\/b> federal jurisdiction over cases involving a federal question see also well-pleaded complaint rule<\/a> NOTE: The federal courts have usually interpreted the statutory phrase “arising under” rather strictly. U.S. Supreme Court decisions have held that the plaintiff’s pleading must establish that the cause of action raises an issue of federal law (as by depending on construction or application of a federal law). <\/i> <\/p>\n

general jurisdiction<\/b>
:<\/b> jurisdiction that is not limited (as to a particular class of cases)
;specif<\/i>
:<\/b> the personal jurisdiction granted a court over a party allowing the court to adjudicate a cause of action that does not arise out of or is not related to the party’s contacts within the territory of that court <\/p>\n

in per·so·nam jurisdiction<\/b>
[in-pər-sō-nəm-, -per-sō-nÄ m-]
:<\/b> the jurisdiction granted a court over persons before it that allows the court to issue a binding judgment
:<\/b> personal jurisdiction <\/a> in this entry <\/p>\n

in rem jurisdiction<\/b>
[in-rem-]
:<\/b> the jurisdiction granted a court over property that allows the court to issue binding judgments (as an order for partition) affecting a person’s interests in the property compare personal jurisdiction<\/a> in this entry <\/p>\n

jurisdiction in personam<\/b>
:<\/b> in personam jurisdiction <\/a> in this entry <\/p>\n

jurisdiction in rem<\/b>
:<\/b> in rem jurisdiction <\/a> in this entry <\/p>\n

limited jurisdiction<\/b>
:<\/b> jurisdiction that is restricted (as to a type of case) <\/p>\n

original jurisdiction<\/b>
:<\/b> the jurisdiction granted a court to try a case in the first instance, make findings of fact, and render a usually appealable decision [the district courts shall have original jurisdiction<\/i> of all civil actions arising under the Constitution, laws, or treaties of the United States “U.S. Code<\/i>“] <\/p>\n

pendent jurisdiction<\/b>
:<\/b> supplemental jurisdiction that allows a federal court to adjudicate state law claims which form part of a case that was brought to it under its federal question jurisdiction
;also<\/i>
:<\/b> pendent party jurisdiction <\/a> in this entry compare ancillary jurisdiction<\/a> in this entry <\/p>\n

pendent party jurisdiction<\/b>
:<\/b> supplemental jurisdiction that allows a federal court to adjudicate a state law claim asserted against a third party which is part of a case brought to it under its original jurisdiction <\/p>\n

personal jurisdiction<\/b>
:<\/b> the jurisdiction granted a court over the parties before it that allows it to issue a binding judgment see also doing business statute<\/a>, fair play and substantial justice<\/a>, long-arm statute<\/a>, minimum contacts<\/a> compare subject matter jurisdiction<\/a> in this entry NOTE: The U.S. Supreme Court has held in a series of decisions that the exercise of personal jurisdiction must meet the requirements of due process and must not violate notions of fair play and substantial justice. 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. <\/i> <\/p>\n

primary jurisdiction<\/b>
:<\/b> the jurisdiction granted by a judicially created doctrine to an administrative agency to decide certain controversies initially before relief is sought in the courts compare exhaustion of remedies<\/a> <\/p>\n

quasi in rem jurisdiction<\/b>
:<\/b> the jurisdiction of a court over a person which is based on the person’s interests in property under the court’s jurisdiction and which allows the court to issue a binding judgment against the person see also sequestration<\/a> ; compare personal jurisdiction<\/a> in this entry <\/p>\n

specific jurisdiction<\/b>
:<\/b> personal jurisdiction granted a court over a party that allows it to adjudicate only a cause of action that arises out of or is related to the party’s contacts within the territory of that court compare general jurisdiction<\/a> in this entry <\/p>\n

sub·ject mat·ter jurisdiction<\/b>
:<\/b> the jurisdiction of a court over the subject, type, or cause of action of a case that allows the court to issue a binding judgment [housing court lacks subject matter jurisdiction<\/i> to adjudicate fraudulent conveyance actions “National Law Journal<\/i>“] compare personal jurisdiction<\/a> in this entry NOTE: Diversity jurisdiction, federal question jurisdiction, and jurisdiction over admiralty and bankruptcy cases are examples of the federal courts’ subject matter jurisdiction. Subject matter jurisdiction is generally established by statute. <\/i> <\/p>\n

sup·ple·men·tal jurisdiction<\/b>
:<\/b> 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 ancillary jurisdiction<\/a> and pendent jurisdiction<\/a> in this entry NOTE: Supplemental jurisdiction was created by a federal statute that codified the judicially created doctrines of ancillary and pendent jurisdiction. <\/i>
2<\/b> :<\/b> the authority (as of a state) to govern or legislate [the trade bill was within the Ways and Means committee’s ] [whether a foreign state shall be subject to the of another]
;broadly<\/i>
:<\/b> the power or right to exercise authority [the department of consumer affairs has over such complaints]
3<\/b> :<\/b> the limits or territory within which authority may be exercised [no new State shall be formed or erected within the of any other State “U.S. Constitution<\/i> art. IV”] called also territorial jurisdiction<\/i>
ju·ris·dic·tion·al [-shə-nəl]
n<\/i>
<\/b><\/i>
ju·ris·dic·tion·al·ly adv<\/i>
<\/b><\/i><\/p>\n<\/dd>\n<\/dl>\n

Source: Merriam-Webster’s Dictionary of Law \u00a91996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.<\/div>\n<\/div>\n
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Related Terms from the Divorce and Family Law Glossary<\/h2>\n\t\n\t
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