It often seems like no matter what time we turn on the television or what channel we go through, we can always find some type of legal program or law related television show to watch. However, while these shows can sometimes be beneficial when it comes to making clear some of the umbrella terms associated with law and the courtroom, often they do not fully explain their language, or instead puff up certain concepts. And, for those who have not previously been exposed to much information about the law, this can be very confusing. With that in mind, though, it becomes incredibly important that we sort out the truth from the lies, especially with some of the most important concepts that relate to the law and legal definitions. And one of the most important words to understand is “jurisdiction”.
Even though we have very likely heard the word jurisdiction many time, many are likely not aware of the full meaning of the word or the many applications that it has in the legal environment. In order to fully understand jurisdiction though, perhaps it is helpful to beak the word down and first discover the definition. Coming from two Latin words together, jurisdiction literally means, “the power to speak the law”. In common terms today, what jurisdiction means is whether or not a given court has the authority and right to hear a case and make a binding decision. However, jurisdiction is not quite that simple, and a court must have authority over two main categories before it can legally be authorized to hear a case. Those two categories are jurisdiction over the defendant (or property in question), and the ability and capacity to handle the subject matter at hand.
The more difficult idea here, and what comes up far more often in legal disputes is jurisdiction over the person against who the case is brought. First, let us understand that courts have a general area of effect and authority. This can be either a county, city, or, in the case of the federal government, a country. Thus, in order for a court to hear a case, it must be between two people who live in the effective area of the court. Two parties in located in Pennsylvania cannot take their dispute to a New Jersey state court. At the same time, local or county courts have the capacity to handle people and events which have occurred within that area, as long as the subject matter is applicable to the court in question.
Recall that before we mentioned property as another possible matter of jurisdiction. This can be applied if the basis of the lawsuit, being some object, is located in a state or county that both residents do not belong to. Jurisdiction to hear and decide the case is given to the most applicable court where the property is located.
Of course, like any other definition or law, there are exceptions which can be made, and which often are. One of these exceptions is known as a “long arm statute”. Think of a state court as having a particular “reach” or length of it’s lawsuits. However, if a dispute occurs in a particular state, let us say Ohio, but only one party of the law suit now lives in Ohio, the Ohio state trial court can obtain a long arm statue to hold the case in Ohio, and make the decision reached there legally binding.
Another important exception applies when we talk about businesses. Even though we do not often think about whether or not a court has jurisdiction to hear a law suit against a business, it is often a major issue. Despite the confusion that often relates to these matters, the general rule of thumb is that a suit against a business can be brought in any state where the business has conducted business or made contacts, which can sometimes be as little as simple advertising, depending on the subject matter at hand.
However, even though jurisdiction of people and property often plays a major role in whether or not a given court is able to hear a case, it is also important to consider whether or not the court has what is known as jurisdiction over subject matter. Whether we are considering a state or federal court, any court only has certain limits of authority. Some courts, such as a state trial court, or a general county court, has what is known as “general jurisdiction”, and is thus given the ability to hear cases on an array of issues. However, other courts are designated as specific courts to handle specific matters. For example, a court case involving bankruptcy can be brought up in a divorce court, or a court that specializes in family matters. These types of courts are known to have limited jurisdiction, and can only hear and rule over cases which they are given the specific authority to do so.
Also, it is important to consider the difference between original jurisdiction and appellate jurisdiction. As anyone who has ever watched an episode of Law and Order or CSI is likely well aware, one can make an appeal against the original decision of a court, and seek to get the decision reversed. However, there are certain courts which are set up specifically for appellate jurisdiction, which is the right to hear appeals. These cases, such as the United States Supreme Court, cannot and do not hear cases for the first time. The right to hear cases for the first time is known as original jurisdiction, and is generally reserved to state courts, so as not to clutter up the federal court system.
Speaking of federal and state courts, another common issue over jurisdiction often comes up when we consider whether or not a state or the federal government has the right to hear a case. Even though we would often think that a federal court has more jurisdiction than a state court, this is simply not the case. Generally speaking, federal courts only deal with matters which involve a federal law, an appeal which has been taken to the federal level, or when a court which should have general jurisdiction cannot be found.
Although we do not often think about jurisdiction and the role that it can play in the legal system, it is an incredibly important concept, and can greatly affect us personally as well as legally. For that reason, one of the best, and simplest things that we can do to help ourselves and gain knowledge in the legal realm is to understand the idea of jurisdiction, and what it means to court cases across the United States.
