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The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court may take jurisdiction over the case. Exclusive jurisdiction is typically defined in terms of subject matter. For example, 28 U.S.C. § 1334 gives the United States district courts exclusive jurisdiction over all matters arising in ...
The Federalists briefly created such jurisdiction in the Judiciary Act of 1801, but it was repealed the following year, and not restored until 1875. Unlike diversity jurisdiction, which is based on the parties coming from different states, federal question jurisdiction no longer has any amount in controversy requirement. Congress eliminated the ...
Federal jurisdiction refers to the legal scope of the government's powers in the United States of America.. The United States is a federal republic, governed by the U.S. Constitution, containing fifty states and a federal district which elect the President and Vice President, and having other territories and possessions in its national jurisdiction.
Equating to new rights, exclusive jurisdiction provided relief against breaches of legal privileges which were not preserved by equity within the concurrent jurisdiction. [31] Such intervention was sanctioned as it ensured irreversible injury was effectively compensated by damages, and it prevented the multiplicity of claims regarding the same ...
Congress may define the jurisdiction of the judiciary through the simultaneous use of two powers. [1] First, Congress holds the power to create (and, implicitly, to define the jurisdiction of) federal courts inferior to the Supreme Court (i.e. Courts of Appeals, District Courts, and various other Article I and Article III tribunals).
When a case is between two or more states, the Supreme Court holds both original and exclusive jurisdiction, and no lower court may hear such cases. In one of its earliest cases, Chisholm v. Georgia, [2] the court found this jurisdiction to be self-executing, so that no further congressional action was required to permit the court to exercise ...
The significant contacts test evaluates the contacts between the states and each party to the case, and determines which state has the most significant contacts with the litigation as a whole. This test has been criticized for failing to respect the sovereignty of the state in which the cause of action arose, and because courts can tip the ...
To distinguish earlier "exclusive" jurisdiction enclaves from those acquired after the state amendments, the newer enclaves were labeled "partial" jurisdiction—the specific label "concurrent" was given to enclaves over which the state had full jurisdiction. Finally, non-enclave federal property was called "proprietorial interest only."