Jurisdiction
Criminal Procedure: Jurisdiction
Introduction to Jurisdiction
For a criminal conviction to be valid, both the sovereign power (the state or federal government) and the specific court that tries the accused must have jurisdiction (authority) over the crime charged. Jurisdiction refers to a court’s authority to hear and decide a case. The jurisdiction of state courts is restricted by the geographical boundaries of the state. Jurisdiction is also limited by the type or subject matter of a case. For example, a family court with jurisdiction over child custody and placement cannot try a murder case.
According to the laws of some states, a crime is committed in only one place and only the sovereign that controls that place has the power to try the accused for the wrongdoing. Therefore, if a woman standing in one state shoots and kills a man who is just over the state line in another state, the murder is committed in the state where the lethal bullet hit the victim. Only the state where the victim was injured has jurisdiction to try the woman. However, some states have enacted statutes conferring jurisdiction on the state where the crime was partly committed.
Because in many instances only the state where the crime was committed may prosecute the accused, laws have been enacted providing a process for acquiring custody of individuals accused of committing a crime in one state who then flee to another state or country. The U.S. Constitution provides for interstate extradition-that is, each state must surrender people who flee to that state upon a request by another state in which the person is accused of committing a crime. Many countries have adopted treaties that specify how suspected criminals who flee from one country to another can be returned to the country from which they fled.” (1)
Jurisdiction and the Electronic Commerce
Jurisdiction in the Online Business Law
Jurisdiction in Canadian Procedural Law
Jurisdiction and related information may be found in the Canadian legal Encyclopedia.
United States, Jurisdiction
From the book The Clergyman’s Hand-book of Law, about United States, Jurisdiction (1): The jurisdiction over the United States cemeteries is in the State where the cemeteries are located unless such jurisdiction has been ceded to the United States.756
Concurrent Federal and State Jurisdiction in U.S. Constitutional Law
A list of entries related to Concurrent Federal and State Jurisdiction may be found, under the Concurrent Federal and State Jurisdiction subject group, in the United States constitutional law platform of the American legal encyclopedia.
Concept of Jurisdiction
Note: explore also the meaning of this legal term in the American Ecyclopedia of Law.
Jurisdiction
Embracing mainstream international law, this section on jurisdiction explores the context, history and effect of the area of the law covered here.
Jurisdiction
Introduction
Jurisdiction
This entry provides an overview of the legal framework of jurisdiction, with a description of the most significant features of jurisdiction at international level.
Related Work and Conclusions
Jurisdiction
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See Also
- Judiciary
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See Also
- For Ancillary
- Appellate
- Concurrent
- Contentious
- Continuing
- Coordinate
- Criminal
- Equity
- Exclusive
- Foreign
- General
- Legislative
- Limited or special jurisdiction
- Military
- Pendent jurisdiction
- Plenary
- Primary
- Probate
- Special
- Subject-matter
- Summary
- Territorial
- and Voluntary jurisdiction, see those titles. See also Excess of jurisdiction
- Jurisdiction in personam
- Jurisdiction in rem
- Jurisdiction of the subject matter
- Jurisdiction quasi in rem
- Lack of jurisdiction. For original jurisdiction, see Original. For diversity jurisdiction, see Diversity of citizenship. For federal question jurisdiction, see Federal question jurisdiction. For jurisdiction over nonresidents or foreign corporations, see Long arm statutes
- Minimum contacts
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See Also
References (Papers)
- The Body Subject To The Laws: Louise Erdrich’S Metaphorical Incarnation Of Federal Indian Law In “The Round House”, Laurel Jimenez, Sep 2017
- Rjr Nabisco And The Runaway Canon, Maggie Gardner, Aug 2017
- Doscher: The Second Circuit Frees Itself From Its Prior Look Through Approach, Fueling A Circuit Split, Peter Nelson, Aug 2017
- Case Law On American Indians: August 2015—August 2016, Thomas P. Schlosser, Jul 2017
- Marijuana Legalization And Nosy Neighbor States, Alex Kreit, Jun 2017
- Adverse Interests And Article Iii, Ann Woolhandler, Jun 2017
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See Also
Further Reading
- Information related to jurisdiction in the Max Planck Encyclopedia of International Law(MPEPIL), Germany, United Kingdom
Resources
Further Reading
- The entry “jurisdiction” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press
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Notes and References
- Charles M. Scanlan, The Clergyman’s Hand-book of Law. The Law of Church and Grave (1909), Benziger Brothers, New York, Cincinnati, Chicago
See Also
- Religion
- Church
Resources
See Also
- Online Tax
- Internet Law
- Internet Marketing
- Internet Privacy
- Internet Sales
- Internet Tax
- Crossborder Commerce
- Keyword Advertising
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Notes and References
- Information about Jurisdiction in the Encarta Online Encyclopedia
Guide to Jurisdiction
Introduction to Jurisdiction
Jurisdiction, the authority exercised by a nation, a judicial body, or a legislative body over persons, places, and property. In law, the term usually refers to the right of a court to hear and adjudicate legal matters. The jurisdiction of the court may be determined according to various criteria. Subject matter is one of the most common. Courts are set up to handle specific types of cases; for example, criminal courts hear criminal cases; probate courts try cases concerning the estates of deceased persons; and divorce courts hear suits for divorce. The U.S. Supreme Court has exclusive jurisdiction over some subject matter, such as controversies between states or between the federal government and a state. Jurisdiction may depend on venue, that specific area within a state, county, or district in which a case should be tried. In the U.S., jurisdiction can also be classified as federal or state based on the court system that is given authority over a particular action.
In a more general sense, jurisdiction may apply to the territory over which a nation has control, including the land area, the adjacent sea, and the airspace above. It may also refer to the authority of an international body to make decisions binding on national entities.” (1)
Resources
Notes and References
- Information about Jurisdiction in the Encarta Online Encyclopedia
Guide to Jurisdiction
In the United States
For information about Jurisdiction in the context of international trade, click here
Jurisdiction over foreign antitrust defendants
Jurisdiction in Cross-Border Competition Disputes
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See Also
Further Reading
- Information about Jurisdiction in the Encyclopedia of World Trade: from Ancient Times to the Present (Cynthia Clark Northrup)
Jurisdiction over foreign antitrust defendants
Jurisdiction and the Laws of International Trade
Effects exception
Effects exception
Hierarchical Display of Jurisdiction
Law > Organisation of the legal system > Legal system
Politics > Politics and public safety > Institutional activity > Competence of the institution
Politics > Executive power and public service > Administrative law > Administrative powers
Jurisdiction
Concept of Jurisdiction
See the dictionary definition of Jurisdiction.
Characteristics of Jurisdiction
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Resources
Translation of Jurisdiction
- Spanish: Competencia jurisdiccional
- French: Compétence juridictionnelle
- German: Gerichtliche Zuständigkeit
- Italian: Competenza giurisdizionale
- Portuguese: Competência jurisdicional
- Polish: Jurysdykcja
Thesaurus of Jurisdiction
Law > Organisation of the legal system > Legal system > Jurisdiction
Politics > Politics and public safety > Institutional activity > Competence of the institution > Jurisdiction
Politics > Executive power and public service > Administrative law > Administrative powers > Jurisdiction
See also
- Extraterritorial jurisdiction
- Conflict of jurisdiction
- Jurisdiction ratione materiae
- Territorial jurisdiction
- Exclusive jurisdiction
- Jurisdiction of the courts
- Jurisdiction of the ordinary courts
- Legal jurisdiction
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