jurisdiction
(noun)
the power, right, or authority to interpret and apply the law
Examples of jurisdiction in the following topics:
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Federal Jurisdiction
- Federal courts may only hear cases where federal jurisdiction can be established.
- Specifically, the court must have both subject-matter jurisdiction over the matter of the claim and personal jurisdiction over the parties .
- If a Federal Court has subject matter jurisdiction over one or more of the claims in a case, it has discretion to exercise ancillary jurisdiction over other state law claims.
- The law of jurisdiction must remain apart from the world upon which it operates."
- The federal district courts represent one of the ways federal jurisdiction is split.
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Types of Courts
- In these cases, the district courts have jurisdiction to hear appeals from such lower bodies.
- In a few situations, like lawsuits between state governments or some cases between the federal government and a state, the Supreme Court becomes the court of original jurisdiction.
- In all other cases, however, the Court has only appellate jurisdiction.
- It considers cases based on its original jurisdiction very rarely; almost all cases are brought to the Supreme Court on appeal.
- In practice, the only original jurisdiction cases heard by the Court are disputes between two or more states.
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Basic Judicial Requirements
- State courts may have different names and organization; trial courts may be called "courts of common plea" and appellate courts "superior courts" or "commonwealth courts. " State courts hear about 98% of litigation; most states have special jurisdiction courts, which typically handle minor disputes such as traffic citations, and general jurisdiction courts, which handle more serious disputes.
- In order for a district court to entertain a lawsuit, Congress must first grant the court subject matter jurisdiction over the type of dispute in question.
- For most of these cases, the jurisdiction of the federal district courts is concurrent with that of the state courts.
- Congress has established a procedure whereby a party, typically the defendant, can remove a case from state court to federal court, provided that the federal court also has original jurisdiction over the matter.
- Patent and copyright infringement disputes and prosecutions for federal crimes, the jurisdiction of the district courts is exclusive of that of the state courts.
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The Federal Tax System
- State and local tax rates vary widely by jurisdiction, from 0% to 12.696% and many are graduated.
- Property tax is generally imposed only on realty, though some jurisdictions tax some forms of business property.
- Sales tax rates vary widely among jurisdictions, from 0% to 16%, and may vary within a jurisdiction based on the particular goods or services taxed.
- The United States imposes tariffs or customs duties on the import of many types of goods from many jurisdictions.
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The Powers of State Government
- State governments are republics formed by citizens in the jurisdiction as provided by the Constitution.
- State governments in the United States are the republics formed by citizens in the jurisdiction as provided by the Constitution.
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Article III
- The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
- In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.
- In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
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Eligibility
- Different voting jurisdictions set different eligibility requirements for candidates to run for office.
- In some jurisdictions, individuals may be eligible to campaign when they reach the age of legal majority, which is often 18.
- Eligibility requirements may also vary by political office within a given jurisdiction.
- For local offices, the requirements are often even less strict — in certain jurisdictions, local officials simply need to be current citizens over the age of 18 who have established local residency.
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Judicial Federalism
- The first Congress passed the Judiciary Act of 1789, which established the lower federal courts and specified the details of federal court jurisdiction.
- For example, the Constitution at Article 3, Section 2, gives Congress power to make exceptions to the Supreme Court's appellate jurisdiction.
- The Supreme Court has historically acknowledged that its appellate jurisdiction is defined by Congress.
- This is known as jurisdiction stripping.
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Federal Income Tax Rates
- Taxes are determined separately by each jurisdiction imposing tax.
- Due dates and other administrative procedures vary by jurisdiction.
- Tax, as determined by the taxpayer, may be adjusted by the taxing jurisdiction.
- These taxes are imposed on employers and employees and on various compensation bases and are collected and paid to the taxing jurisdiction by the employers.
- Most jurisdictions imposing payroll taxes require reporting quarterly and annually in most cases, and electronic reporting is generally required for all but small employers.
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The New Deal: Cooperative Federalism and the Growth of the National Government
- This is because the founders understood that state courts would be courts of general jurisdiction, bound to apply both state and federal law and because the state courts adjudicate cases between citizens who are bound to comply with both state and federal law.
- It may open both federal and state courts to enforcement of that right, by specifically providing concurrent jurisdiction in the federal courts.
- It may grant exclusive jurisdiction to the federal courts, or it may choose to leave enforcement of that right to civil dispute resolution among parties in the state court.