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Different countries can also share concurrent jurisdiction over a case, where different countries have authority over the parties or events giving rise to the cause of action. Title 28 of the United States Code, sections 1331 & 1332 give federal courts concurrent jurisdiction with the state courts over federal question and diversity cases.
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.
Thus, state courts are presumed under the Court's Gulf Offshore Co. v. Mobil Oil Corp [4] decision to have concurrent jurisdiction over a claim under federal law unless there is a provision in the statute expressly or implicitly limiting jurisdiction to federal courts. There was nothing in the RICO statute explicitly or implicitly preventing ...
There are other federal trial courts that have nationwide jurisdiction over certain types of cases, but the district court also has concurrent jurisdiction over many of those cases, and the district court is the only one with jurisdiction over civilian criminal cases.
Since late 1950s, it has been an official federal policy that states should have full concurrent jurisdiction on all federal enclaves, [3] an approach endorsed by some legal experts. [4] [5] [6] In 1960, the year of the latest comprehensive inquiry, [7] 7% of federal property had enclave status.
Though a provision of the Administrative Dispute Resolution Act of 1996 gave the Court of Federal Claims and U.S. district courts concurrent jurisdiction over post-award protests, subsequent legislation provided that, as of January 2001, the United States Court of Federal Claims would be the exclusive judicial forum for post-award bid protest ...
Oklahoma v. Castro-Huerta, 597 U.S. 629 (2022), was a United States Supreme Court case related to McGirt v. Oklahoma, decided in 2020.In McGirt, the Supreme Court ruled that the U.S. Congress never properly disestablished the Indian reservations of the Five Civilized Tribes in Oklahoma when granting its statehood, and thus almost half the state was still considered to be Native American land.
The outcome of this process may require a court in one jurisdiction to apply the law of a different jurisdiction. The federal Constitution created a "plurilegal federal union" in which there are four types of conflicts between different legal systems: federal vs. state, federal vs. foreign, state vs. state, and state vs. foreign. [1]