Jurisdiction

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Judgepedia:WikiProject Terms and Definitions

In law, jurisdiction (from Latin ius, iuris meaning "law" and dicere meaning "to speak") is the power of a court to adjudicate cases and issue orders. Jurisdiction can also be referred to as the territory within which a court or government agency may properly exercise its power.[1]

There are many different categories of jurisdiction.[2] The most commonly discussed forms are:

  • In rem jurisdiction: jurisdiction over a thing (i.e., during divorce proceedings, the court exercises in rem jurisdiction over the marriage)
  • In personal jurisdiction: the court's jurisdiction over a person
  • Subject-matter jurisdiction: jurisdiction over the type of claim brought by the plaintiff (i.e., a small claims court only has subject matter jurisdiction of claims up to a certain dollar amount)
  • Federal or state jurisdiction: the federal courts' jurisdiction over federal questions and suits between diverse parties
  • Original jurisdiction: the court's authority to hear the claim in the first instance, rather than on appeal
  • Pendent jurisdiction: the authority of a federal district court to hear a state claim when it shares a common factual basis with the federal claim

References