JURISDICTION

jurisdiction,n.1. A government’s general power to exercise authority over all persons and things within its territory; esp., a state’s power to create interests that will be recognized under common-law principles as valid in other states <New Jersey’s jurisdiction>. [Cases: States 1. C.J.S. States §§ 2, 16.] 2. A court’s power to decide a case or issue a decree < the constitutional grant of federal-question jurisdiction>. — Also termed (in sense 2) competent jurisdiction; (in both senses) coram judice. [Cases: Courts 3; Federal Courts 3.1, 161. C.J.S. Courts §§ 9, 18.]

“Rules of jurisdiction in a sense speak from a position outside the court system and prescribe the authority of the courts within the system. They are to a large extent constitutional rules. The provisions of the U.S. Constitution specify the outer limits of the subject-matter jurisdiction of the federal courts and authorize Congress, within those limits, to establish by statute the organization and jurisdiction of the federal courts. Thus, Article III of the Constitution defines the judicial power of the United States to include cases arising under federal law and cases between parties of diverse state citizenship as well as other categories. The U.S. Constitution, particularly the Due Process Clause, also establishes limits on the jurisdiction of the state courts. These due process limitations traditionally operate in two areas: jurisdiction of the subject matter and jurisdiction over persons. Within each state, the court system is established by state constitutional provisions or by a combination of such provisions and implementing legislation, which together define the authority of the various courts within the system.” Fleming James Jr., Geoffrey C. Hazard Jr. & John Leubsdorf, Civil Procedure § 2.1, at 55 (5th ed. 2001).

3. A geographic area within which political or judicial authority may be exercised <the accused fled to another jurisdiction>.4. A political or judicial subdivision within such an area

<other jurisdictions have decided the issue differently>. Cf. VENUE. — jurisdictional,adj.

agency jurisdiction.The regulatory or adjudicative power of a government administrative

agency over a subject matter or matters.

ancillary jurisdiction.A court’s jurisdiction to adjudicate claims and proceedings related to a claim that is properly before the court. • For example, if a plaintiff brings a lawsuit in federal court based on a federal question (such as a claim under Title VII), the defendant may assert a counterclaim over which the court would not otherwise have jurisdiction (such as a state-law claim of stealing company property). The concept of ancillary jurisdiction has now been codified, along with the concept of pendent jurisdiction, in the supplemental-jurisdiction statute. 28 USCA

§ 1367. See supplemental jurisdiction. Cf. pendent jurisdiction. [Cases: Admiralty 1(3); Courts

27; Equity 35; Federal Courts 20. C.J.S. Courts § 66; Equity §§ 9, 80, 87.]

anomalous jurisdiction. 1. Jurisdiction that is not granted to a court by statute, but that is inherent in the court’s authority to govern lawyers and other officers of the court, such as the power to issue a preindictment order suppressing illegally seized property. [Cases: Criminal Law 394.5(1); Federal Courts 7; Searches and Seizures 84. C.J.S. Criminal Law §§ 794, 797; Equity § 20; Searches and Seizures§§ 217–226.] 2. An appellate court’s provisional jurisdiction to review the denial of a motion to intervene in a lower-court case, so that if the court finds that the denial was correct, then its jurisdiction disappears — and it must dismiss the appeal for want of jurisdiction — because an order denying a motion to intervene is not a final, appealable order. See

ANOMALOUS-JURISDICTION RULE. [Cases: Federal Courts 555.]

appellate jurisdiction.The power of a court to review and revise a lower court’s decision. • For example, U.S. Const. art. III, § 2 vests appellate jurisdiction in the Supreme Court, while 28 USCA §§ 1291–1295 grant appellate jurisdiction to lower federal courts of appeals. Cf. original jurisdiction. [Cases: Appeal and Error 17; Courts 203–209; Federal Courts 751. C.J.S.

Appeal and Error §§ 31–32, 40.]

arising-in jurisdiction.A bankruptcy court’s jurisdiction over issues relating to the administration of the bankruptcy estate, and matters that occur only in a bankruptcy case. 28 USCA §§ 157, 1334. [Cases: Bankruptcy 2043–2063. C.J.S. Bankruptcy §§ 5, 9–12, 14–15,

17–18, 22.]

assistant jurisdiction.The incidental aid provided by an equity court to a court of law when justice requires both legal and equitable processes and remedies. — Also termed auxiliary jurisdiction.

common-law jurisdiction. 1. A place where the legal system derives fundamentally from the English common-law system <England, the United States, Australia, and other common-law jurisdictions>.2. A court’s jurisdiction to try such cases as were cognizable under the English common law <in the absence of a controlling statute, the court exercised common-law jurisdiction over those claims>.

complete jurisdiction.A court’s power to decide matters presented to it and to enforce its

decisions.

concurrent jurisdiction. 1. Jurisdiction that might be exercised simultaneously by more than one court over the same subject matter and within the same territory, a litigant having the right to choose the court in which to file the action. [Cases: Admiralty 1(1); Courts 472, 489, 510; Federal Courts 1131. C.J.S. Courts §§ 186, 203, 222, 225.] 2. Jurisdiction shared by two or more states, esp. over the physical boundaries (such as rivers or other bodies of water) between them. — Also termed coordinate jurisdiction; overlapping jurisdiction. Cf. exclusive jurisdiction.

“In several cases, two States divided by a river exercise concurrent jurisdiction over the river, no matter where the inter-state boundary may be; in some cases by the Ordinance of 1787 for organizing Territories northwest of the Ohio River, in some cases by Acts of Congress organizing Territories or admitting States, and in some cases by agreements between the States concerned.” 1 Joseph H. Beale, A Treatise on the Conflict of Laws § 44.3, at 279 (1935).

consent jurisdiction.Jurisdiction that parties have agreed to, either by accord, by contract, or by general appearance. • Parties may not, by agreement, confer subject-matter jurisdiction on a federal court that would not otherwise have it. [Cases: Courts 22. C.J.S. Courts § 61.]

contentious jurisdiction. 1. A court’s jurisdiction exercised over disputed matters. 2.Eccles. law. The branch of ecclesiastical-court jurisdiction that deals with contested proceedings.

continuing jurisdiction.A court’s power to retain jurisdiction over a matter after entering a judgment, allowing the court to modify its previous rulings or orders. See CONTINUING-JURISDICTION DOCTRINE. [Cases: Courts 30; Federal Courts 26.1. C.J.S.

Courts §§ 71–73.] coordinate jurisdiction.See concurrent jurisdiction.

criminal jurisdiction.A court’s power to hear criminal cases. [Cases: Criminal Law 83. C.J.S.

Criminal Law §§ 149–150.]

default jurisdiction.Family law. In a child-custody matter, jurisdiction conferred when it is in the best interests of the child and either (1) there is no other basis for jurisdiction under the Uniform Child Custody Jurisdiction Act or the Parental Kidnapping Prevention Act, or (2) another state has declined jurisdiction in favor of default jurisdiction. • Jurisdiction is rarely based on default because either home-state jurisdiction or significant-connection jurisdiction almost always applies, or else emergency jurisdiction is invoked. Default jurisdiction arises only if none of those three applies, or a state with jurisdiction on any of those bases declines to exercise it and default jurisdiction serves the best interests of the child.

delinquency jurisdiction.The power of the court to hear matters regarding juvenile acts that, if

committed by an adult, would be criminal. Cf. status-offense jurisdiction.

diversity jurisdiction.A federal court’s exercise of authority over a case involving parties who are citizens of different states and an amount in controversy greater than a statutory minimum. 28

USCA § 1332. See DIVERSITY OF CITIZENSHIP; AMOUNT IN CONTROVERSY. [Cases:

Federal Courts 281–360.] emergency jurisdiction.Family law. A court’s ability to take jurisdiction of a child who is

physically present in the state when that child has been abandoned or when necessary to protect the child from abuse. • Section 3(a)(3) of the Uniform Child Custody Jurisdiction Act allows for emergency jurisdiction. It is usu. temporary, lasting only as long as is necessary to protect the child.

equity jurisdiction.In a common-law judicial system, the power to hear certain civil actions according to the procedure of the court of chancery, and to resolve them according to equitable rules. [Cases: Equity 1; Federal Courts 7. C.J.S. Equity §§ 2–5, 7–8, 10, 20.]

“[T]he term equity jurisdiction does not refer to jurisdiction in the sense of the power conferred by the sovereign on the court over specified subject-matters or to jurisdiction over the res or the persons of the parties in a particular proceeding but refers rather to the merits. The want of equity jurisdiction does not mean that the court has no power to act but that it should not act, as on the ground, for example, that there is an adequate remedy at law.” William Q. de Funiak, Handbook of Modern Equity 38 (2d ed. 1956).

exclusive jurisdiction.A court’s power to adjudicate an action or class of actions to the exclusion of all other courts <federal district courts have exclusive jurisdiction over actions brought under the Securities Exchange Act>. Cf. concurrent jurisdiction. [Cases: Courts 472, 489, 510; Equity 44; Federal Courts 1131. C.J.S. Courts §§ 186, 203, 222, 225; Equity §§ 19,

51–53.]

extraterritorial jurisdiction.A court’s ability to exercise power beyond its territorial limits. See

LONG-ARM STATUTE. [Cases: Courts 12(2); Federal Courts 76. C.J.S. Courts §§ 39, 44.]

federal jurisdiction. 1. The exercise of federal-court authority. [Cases: Federal Courts 3.1.] 2. The area of study dealing with the jurisdiction of federal courts.

federal-juvenile-delinquency jurisdiction.A federal court’s power to hear a case in which a person under the age of 18 violates federal law. • In such a case, the federal court derives its jurisdictional power from 18 USCA §§ 5031 et seq. The Act severely limits the scope of federal-juvenile-delinquency jurisdiction because Congress recognizes that juvenile delinquency is essentially a state issue. The acts that typically invoke federal jurisdiction are (1) acts committed on federal lands (military bases, national parks, Indian reservations), and (2) acts that violate federal drug laws or other federal criminal statutes.

federal-question jurisdiction.The exercise of federal-court power over claims arising under

the U.S. Constitution, an act of Congress, or a treaty. 28 USCA § 1331. [Cases: Federal Courts

161–247.]

foreign jurisdiction. 1. The powers of a court of a sister state or foreign country. 2. Extraterritorial process, such as long-arm service of process.

general jurisdiction. 1. A court’s authority to hear a wide range of cases, civil or criminal, that arise within its geographic area. [Cases: Courts 118–158.1; Federal Courts 3.1, 76.5. C.J.S. Courts §§ 3, 23–31, 33–35.] 2. A court’s authority to hear all claims against a defendant, at the place of the defendant’s domicile or the place of service, without any showing that a connection

exists between the claims and the forum state. Cf. limited jurisdiction; specific jurisdiction. [Cases:

Courts 12(2.5); Federal Courts 76.10. C.J.S. Courts § 45.]

home-state jurisdiction.Family law. In interstate child-custody disputes governed by the Uniform Child Custody Jurisdiction and Enforcement Act, jurisdiction based on the child’s having been a resident of the state for at least six consecutive months immediately before the commencement of the suit. See HOME STATE.

in personam jurisdiction.See personal jurisdiction.

in rem jurisdiction (in rem). A court’s power to adjudicate the rights to a given piece of

property, including the power to seize and hold it. — Also termed jurisdiction in rem. See IN REM.

Cf. personal jurisdiction; subject-matter jurisdiction. [Cases: Courts 18–19; Federal Courts 93.

C.J.S. Courts §§ 50–53.]

international jurisdiction.A court’s power to hear and determine matters between different

countries or persons of different countries. judicial jurisdiction.The legal power and authority of a court to make a decision that binds the

parties to any matter properly brought before it. jurisdiction in personam.See personal jurisdiction.

jurisdiction in rem.See in rem jurisdiction. jurisdiction of the person.See personal jurisdiction. jurisdiction over the person.See personal jurisdiction. jurisdiction quasi in rem.See quasi-in-rem jurisdiction.

legislative jurisdiction.A legislature’s general sphere of authority to enact laws and conduct all business related to that authority, such as holding hearings. [Cases: States 1. C.J.S. States §§

2, 16.]

limited jurisdiction.Jurisdiction that is confined to a particular type of case or that may be exercised only under statutory limits and prescriptions. — Also termed special jurisdiction. Cf.

general jurisdiction. [Cases: Courts 26, 59; Federal Courts 5. C.J.S. Courts §§ 3, 8, 64–65, 67.]

“It is a principle of first importance that the federal courts are courts of limited jurisdiction…. The federal courts … cannot be courts of general jurisdiction. They are empowered to hear only such cases as are within the judicial power of the United States, as defined in the Constitution, and have been entrusted to them by a jurisdictional grant by Congress.” Charles Alan Wright, The Law of Federal Courts § 7, at 27 (5th ed. 1994). long-arm jurisdiction.Jurisdiction over a nonresident defendant who has had some contact

with the jurisdiction in which the petition is filed.

original jurisdiction.A court’s power to hear and decide a matter before any other court can

review the matter. Cf. appellate jurisdiction. [Cases: Courts 118–158.1, 206; Federal Courts

3.1. C.J.S. Courts §§ 3, 23–31, 33–35.] overlapping jurisdiction.See concurrent jurisdiction.

pendent jurisdiction (pen-d<<schwa>>nt). A court’s jurisdiction to hear and determine a claim over which it would not otherwise have jurisdiction, because the claim arises from the same transaction or occurrence as another claim that is properly before the court. • For example, if a plaintiff brings suit in federal court claiming that the defendant, in one transaction, violated both a federal and a state law, the federal court has jurisdiction over the federal claim (under federal-question jurisdiction) and also has jurisdiction over the state claim that is pendent to the federal claim. Pendent jurisdiction has now been codified as supplemental jurisdiction. 28 USCA § 1367. — Also termed pendent-claim jurisdiction. See supplemental jurisdiction. Cf. ancillary jurisdiction. [Cases: Courts 27; Equity 35; Federal Courts 14. C.J.S. Courts § 66; Equity §§ 9,

80, 87.]

pendent-party jurisdiction.A court’s jurisdiction to adjudicate a claim against a party who is not otherwise subject to the court’s jurisdiction, because the claim by or against that party arises from the same transaction or occurrence as another claim that is properly before the court. • Pendent-party jurisdiction has been a hotly debated subject, and was severely limited by the U.S. Supreme Court in Finley v. United States, 490 U.S. 545, 109 S.Ct. 2003 (1989). The concept is now codified in the supplemental-jurisdiction statute, and it applies to federal-question cases but not to diversity-jurisdiction cases. 28 USCA § 1367. Neither pendent-party jurisdiction nor supplemental jurisdiction may be used to circumvent the complete-diversity requirement in cases founded on diversity jurisdiction. See supplemental jurisdiction. [Cases: Federal Courts 23.]

personal jurisdiction.A court’s power to bring a person into its adjudicative process; jurisdiction over a defendant’s personal rights, rather than merely over property interests. — Also termed in personam jurisdiction; jurisdiction in personam; jurisdiction of the person; jurisdiction over the person. See IN PERSONAM. Cf. in rem jurisdiction. [Cases: Admiralty 5; Constitutional Law 305(5, 6); Courts 10; Federal Courts 71–97. C.J.S. Admiralty §§ 23–25,

29, 67; Constitutional Law §§ 1151–1152; Courts §§ 39–40.]

plenary jurisdiction (plee-n<<schwa>>-ree orplen-<<schwa>>-ree). A court’s full and

absolute power over the subject matter and the parties in a case.

primary jurisdiction.The power of an agency to decide an issue in the first instance when a court, having concurrent jurisdiction with the agency, determines that it would be more pragmatic for the agency to handle the case initially. See PRIMARY-JURISDICTION DOCTRINE.

“The doctrine of primary jurisdiction typically is raised, not in a proceeding before an administrative agency, but in litigation before a court. Agency and court jurisdiction to resolve disputes and issues frequently overlap. Primary jurisdiction is a concept used by courts to allocate initial decision-making responsibility between agencies and courts where such overlaps exist…. A holding that an agency has primary jurisdiction to resolve an issue raised in a judicial proceeding has two important consequences. First, it transfers some of the power to resolve that issue to the agency…. Second, if the issues referred to the agency as within its primary jurisdiction are critical

to judicial resolution of the underlying dispute, the court cannot proceed with the trial of the case until the agency has resolved those issues and the agency’s decision has been either affirmed or reversed by a reviewing court.” Richard J. Pierce Jr. et al., Administrative Law Process 206, 207–08 (3d ed. 1999).

probate jurisdiction.Jurisdiction over matters relating to wills, settlement of decedents’ estates,

and (in some states) guardianship and the adoption of minors. [Cases: Courts 198; Federal

Courts 9.]

prorogated jurisdiction.Civil law. Jurisdiction conferred by the express consent of all the parties on a judge who would otherwise be disqualified. Cf. tacit prorogation under PROROGATION.

quasi-in-rem jurisdiction (kway-sI in remorkway-zI). Jurisdiction over a person but based on that person’s interest in property located within the court’s territory. — Also termed jurisdiction quasi in rem. See quasi in rem under IN REM. [Cases: Courts 18; Federal Courts 93. C.J.S.

Courts § 53.]

significant-connection jurisdiction.Family law. In a child-custody matter, jurisdiction based on (1) the best interests of the child, (2) at least one parent’s (or litigant’s) significant connection to the state, and (3) the presence in the state of substantial evidence about the child’s present or future care, protection, training, and personal relationships. • This type of jurisdiction is conferred by both the Uniform Child Custody Jurisdiction Act and the Parental Kidnapping Prevention Act. Generally, the home state will also be the state with significant connections and substantial evidence. Jurisdiction based on a significant connection or substantial evidence alone is conferred only when the child has no home state. — Also termed significant-connection/substantial-evidence jurisdiction; significant connection-substantial evidence jurisdiction; substantial-evidence jurisdiction. See HOME STATE.

special jurisdiction.See limited jurisdiction.

specific jurisdiction.Jurisdiction that stems from the defendant’s having certain minimum contacts with the forum state so that the court may hear a case whose issues arise from those minimum contacts. Cf. general jurisdiction. [Cases: Courts 12(2.10); Federal Courts 76.10.

C.J.S. Courts §§ 40, 45, 47.]

state jurisdiction. 1. The exercise of state-court authority. 2. A court’s power to hear all

matters, both civil and criminal, arising within its territorial boundaries.

status-offense jurisdiction.The power of the court to hear matters regarding noncriminal conduct committed by a juvenile. See status offense under OFFENSE (1). Cf. delinquency jurisdiction.

subject-matter jurisdiction.Jurisdiction over the nature of the case and the type of relief sought; the extent to which a court can rule on the conduct of persons or the status of things. — Also termed jurisdiction of the subject matter; jurisdiction of the cause; jurisdiction over the action.

Cf. personal jurisdiction. [Cases: Courts 4; Federal Courts 3.1. C.J.S. Courts §§ 9–10, 18.]

summary jurisdiction. 1. A court’s jurisdiction in a summary proceeding. 2. The court’s authority to issue a judgment or order (such as a finding of contempt) without the necessity of a trial or other process. 3.English law. A court’s power to make an order immediately, without obtaining authority or referral, as in a magistrate’s power to dispose of a criminal case without referring it to the Crown Court for a formal trial or without drawing a jury.

supplemental jurisdiction.Jurisdiction over a claim that is part of the same case or controversy as another claim over which the court has original jurisdiction. • Since 1990, federal district courts have had supplemental jurisdiction, which includes jurisdiction over both ancillary and pendent claims. 28 USCA § 1367. See ancillary jurisdiction; pendent jurisdiction. [Cases:

Courts 27; Equity 35; Federal Courts 14. C.J.S. Courts § 66; Equity §§ 9, 80, 87.]

territorial jurisdiction. 1. Jurisdiction over cases arising in or involving persons residing within a defined territory. [Cases: Courts 171; Federal Courts 71.] 2. Territory over which a government, one of its courts, or one of its subdivisions has jurisdiction.

transient jurisdiction (tran-sh<<schwa>>nt). Personal jurisdiction over a defendant who is served with process while in the forum state only temporarily (such as during travel). [Cases:

Courts 13. C.J.S. Courts § 41.]

voluntary jurisdiction. 1. Jurisdiction exercised over unopposed matters. 2.Eccles. law. Jurisdiction that does not require a judicial proceeding, as with granting a license or installing a nominee to a benefice.

[Blacks Law 8th]