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Jurisdiction - Essay Example

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Jurisdiction

There are various types of jurisdiction; among the types of jurisdictions are: in personam and subject matter. A court must have both in personam and subject matter jurisdictions, in order to preside over a case. Subject matter jurisdiction refers to the authority over the matter in dispute. It concerns what types of disputes may be heard by which courts. The in personam jurisdiction is referred to as the authority over a person (Garvin, 2002).
All trial courts have either limited jurisdictions or general jurisdictions; limited jurisdictions are limited to certain types of cases, for instance, bankruptcy court, tax court and housing court. General jurisdiction courts have the power to hear various cases. In addition to that, all courts have either exclusive or concurrent jurisdictio9n in any specific category of cases. An exclusive jurisdiction is a type of jurisdiction whereby only one court has the power to hear a case. On the other hand, concurrent jurisdiction is the kind of jurisdiction where more than one courts have the power to hear the case (Barbara, 2001).
Other types of jurisdictions include original and appellate jurisdictions. All courts either have original or appellate jurisdiction. ...
Appellate jurisdiction is where a court reviews the legal rulings of lower courts. Federal courts and state have restricted jurisdictions over many sectors of law and concurrent jurisdictions over areas of mutual interest. In other words, the federal courts have jurisdictions over cases concerning the federal government, laws, and constitution. Similarly, they have jurisdictions over civil cases that involve state law issues between different states having great damages (Garvin, 2002).
The jurisdiction to preside a case is determined by the nature and the type of the case. For example a warehouse employee who worked for a company, injured his leg at work and pursued a worker compensation claim. Moreover, his employer's investigator trespassed upon the employee's property in the same company while trying to video the employee digging a trench in his backyard. If the employee filed a suit against the investigator and the company for invasion of privacy, he will do so in a court that has subject matter jurisdiction over wrongful trespass committed within the state, and in personam jurisdiction over employee, employer and investigator (Barbara, 2001). The federal courts, under the principle of pendant jurisdiction, may decide cases that involve both substantial federal issues and state law issues, when the facts and the parties are the same.


References
Barbara, A. (2001). Procedural justice and jurisdictions. New York: Springer.
Garvin, A. (2002). The Justice Broker. Lawyers and Ordinary Ligation. New York:
State University of New York Press.





















Q3 Identify what rights an offender has and how those rights are legally determined.

Offenders' rights cover all phases of a ...Show more

Summary

Garvin (2002) defines Jurisdiction as the authority of a federal court or a state to hear a case. It can also refer to the authority of an agency, commission, department, board, or public administrative body to investigate, initiate, or review a complaint…
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