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Encyclopedia > Concurrent jurisdiction

Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their lawsuit heard in the court that they perceive will be most favorable to them. A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area... Forum shopping is the informal name given to the practice adopted by some plaintiffs to get their legal case heard in the court thought most likely to provide a favourable judgment, or by some defendants who seek to have the case moved to a different court. ... A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ...


In the United States, concurrent jurisdiction exists to the extent that the Constitution of the United States permits U.S. federal courts to hear actions that can also be heard by U.S. state courts. For example, where a party from Alabama sues a party from Florida for a breach of contract, the Alabama party can sue in either the federal court located in Florida (under its diversity jurisdiction) or in the state court located in Florida (under its personal jurisdiction over the defendant). Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... The United States federal courts are the system of courts organized under the Constitution and laws of the federal government of the United States. ... Official language(s) English Capital Montgomery Largest city Birmingham Area  Ranked 30th  - Total 52,419 sq mi (135,765 km²)  - Width 190 miles (306 km)  - Length 330 miles (531 km)  - % water 3. ... This article or section does not cite its references or sources. ... Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one of the parties to the contract by non-performance or interference with the other partys performance. ... Diversity jurisdiction is a term used in civil procedure to refer to the situation in which a United States district court has subject matter jurisdiction to hear a civil case because the parties are diverse, meaning that they come from different states. ... Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ...


Concurrent jurisdiction in the United States can also exist between different levels of state courts, and between courts and other government agencies with judicial powers. Different countries can also share concurrent jurisdiction over a case, where different countries have authority over the parties or events giving rise to the cause of action.


Sections 1331-32 give federal courts concurrent jurisdiction with the state courts over federal question and diversity cases.


  Results from FactBites:
 
jurisdiction: Definition, Synonyms and Much More from Answers.com (5975 words)
If the court does not have jurisdiction, the defendant may challenge the suit on that ground, and the suit may be dismissed or its result may be overturned in a subsequent action by one of the parties in the case.
A court whose subject-matter jurisdiction is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction.
A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff, while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction (or a lower appellate court) has heard the matter.
"Jurisdiction" Defined & Explained (1279 words)
Jurisdiction is original when it is conferred on the court in the first instance, called original jurisdiction; or it is appellate, which is when an appeal is given from the judgment of another court.
Jurisdiction is also civil where the subject-matter to be tried is not of a criminal nature; or criminal where the court is to punish crimes.
assistant jurisdiction is that which is afforded by a court of chancery, in aid of a court of law; as for example, by a bill of discovery, by the examination of witnesses de bene esse or out of the jurisdiction of the court; by the perpetuation of the testimony of witnesses and the like.
  More results at FactBites »


 

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