The Various Types of Jurisdictions
Today, the concept of jurisdiction is frequently heard with respect to high-profile criminal cases where the legal stakes are high. Jurisdiction, though, is also a relevant and essential aspect of the legal system for all types of legal cases since it relates to the courts authority to hear and decide on specific legal issues or controversies and, in turn, award damages or other types of relief as appropriate. Drawing on Carper's Understanding the Law by McKinsey and Burke (2023), the purpose of this paper is to examine the different forms of jurisdiction, the political boundaries of state and federal courts, jurisdiction over subject matter, and the challenges of determining jurisdiction in the context of the Internet. Finally, the paper provides a summary of the findings that emerged from the research and important points in the conclusion.
What Is Jurisdiction?
According to the definition provided by McKinsey and Burke (2023), the term jurisdiction refers to the power of the courts to decide a controversy and to award appropriate relief (p. 723). A court's constitutionally or statutorily derived jurisdictional power can be divided into subject matter jurisdiction (e.g., this is the power to decide the issue in controversy) and territorial jurisdiction (e.g., this is the power to formally bind the parties to the legal action that stems from the case). In sum, jurisdiction refers to the authority of a court to exercise legal power over a dispute and render a binding judgment over the parties involved (McKinsey & Burke, 2023).
Political Boundaries of State and Federal Courts
The federalism system that is in place in the United States establishes political boundaries between federal courts and state courts. With the exception of issues that are prohibited by state law or assigned to federal courts which enjoy exclusive jurisdiction, state courts have general jurisdiction which means they have the power to hear and decide on any...
…94). In those Internet-related cases involving cross-border disputes, courts may consider factors such as where the defendant resides or the location where the illegal activity occurred (McKinsey & Burke, 2023).Conclusion
The research showed that jurisdiction is defined as the power of courts to make decisions on a legal dispute, provide appropriate relief and bind the parties to the case to the decision. The research also showed that jurisdiction is constitutionally derived and can be classified into subject matter jurisdiction, which allows the court to decide on the specific legal issue, and territorial jurisdiction, which enables the court to bind the parties to the legal action that results from the case and in personam jurisdiction is a court's power to legally bind parties even if they live in different states. In addition, the federalism system in the United States establishes political boundaries between state and federal courts, with state courts having general jurisdiction and federal courts having limited jurisdiction…
References
McKinsey, J. A. & Burke, D.D. (2023). Carper's Understanding the Law, 7th ed., Cengage Learning Publishers, ISBN 13:978-1-285-42842-0.
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