| 词汇 | JURISDICTION |
| 释义 | `1`JURISDICTION `2` "Legal Lexicon": JURISDICTION - A power constitutionally conferred upon a judge or magistrate, to take cognizance of and decide causes according to law and to carry his sentence into execution. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory and his power in relation to his territory is called his territorial jurisdiction. Every act of jurisdiction exercised by a judge without his territory, either by pronouncing sentence or carrying it into execution, is null. An inferior court has no jurisdiction beyond what is expressly delegated. 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. Some courts and magistrates have both civil and criminal jurisdiction. Jurisdiction is also concurrent, exclusive or assistant. Concurrent jurisdiction is that which may be entertained by several courts. It is a rule that in cases of concurrent jurisdictions, that which is first seized of the case shall try it to the exclusion of the other. Exclusive jurisdiction is that which has alone the power to try or determine the Suit, action or matter in dispute. 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. It is the law which gives jurisdiction; the consent of, parties, cannot, therefore, confer it, in a matter which the law excludes. But where the court has jurisdiction of the matter and the defendant has some privilege which exempts him from the jurisdiction, he may wave the privilege. Courts of inferior jurisdiction must act within their jurisdiction and so it must appear upon the record. But the legislature may, by a general or special law, provide otherwise. When a court has the authority to decide a case, it is said to have jurisdiction over it. In all states, certain types of courts (often called, depending on the state, superior, circuit, county, district or family courts) are given specific and exclusive jurisdiction to handle family law cases. A family law court cannot, however, hear bankruptcies or criminal cases. A geographic or subject area over which a court has authority. A magistrate court has jurisdiction over a town or city while the United States Supreme Court has jurisdiction over the entire country; A court's authority to rule on the questions of law at issue in a dispute, typically determined by geographic location and/or type of case. ADMIRALTY JURISDICTION exists if the event giving rise to a dispute occurs on navigable waters and has a sufficient relationship to traditional maritime activities. See Whitcombe v. Stevedoring Servs..., 2 F.3d 312, 14 n.2 (9th Cir.'93). ANCILLARY JURISDICTION - The exercise of jurisdiction over the pendent and ancillary actions had to establish a constitutionally required minimal nexus to the principal action and find explicit authorization in a jurisdiction-conferring statute. See Finley v. United States, 490 U.S. 545 (1989) (determining whether ancillary jurisdiction existed by analyzing the constitutional minimum for jurisdiction and the jurisdictional statute at issue, 28 U.S.C. S 1346(b)). DIVERSITY JURISDICTION - if the amount in controversy exceeded $50,000 and plaintiff and defendants have diverse citizenships. See 28 U.S.C. S 1332. The federal courts may exercise supplemental jurisdiction over claim because it arises out of the same nucleus of operative fact. Go to JURISDICTION2 |
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