Assignment Sample On Concept Of Jurisdiction In The United
Downloads - 2 | Published :13th April 2016
Question:-
Discuss briefly the concept of jurisdiction in United State? Also explain positive versus negative effect
Answer:-
Concept of Jurisdiction in United State- Positive versus Negative effect
The concept of jurisdiction comes from the concept of the power of the court. In the United States, the concept of jurisdiction applies on courts by the application of any statute or by the power given by the constitution. The Courts in the United States are eligible to entertain only those cases which are fall under their jurisdiction. If any decision of the court found that it was given out of jurisdiction, it will consider as void. The decision given out of the jurisdiction has no binding force. Jurisdiction can be categorized as exclusive, concurrent, original, common or limited. For example, it can be stated that the Federal Court may have the exclusive jurisdiction over certain specific matters that no other court can entertain on that matters. It is the highest court so, may have concurrent jurisdiction which it shares with other state level court. Where the Federal Court has the concurrent jurisdiction with the other state court, the state courts are bound to follow the declaration of the federal court (Plager, 1999). On those special cases, parties have the right to choose the court of their choice to adjudicate the matter.
The jurisdiction means where the court adjudicate the matter or the territorial background under which the court is entitled to hear the case and exercise its power as mentioned in the case of Ruhrgas AG v. Marathon Oil Co. et al., (Ruhrgas AG v. Marathon Oil Co. et al, 1999) The matter of jurisdiction can be divided into three major parts. Whether the jurisdiction is over the person or in personam jurisdiction or the jurisdiction is about the subject matter i.e. in rem jurisdiction or the jurisdiction is cause to resort for any particular judicial decision.
The jurisdiction related to subject matter includes the court’s power in relation to any dispute in relation to contract issues or a matter related to civil rights. The state courts have the general jurisdiction over the matter to hearing the entire dispute which is prohibited by the state laws. Some state of USA denies for trying any matter without the state citizens particularly. Those particular matters are Federal Court of USA incurred the exclusive power to entertain the matters, for instance, the matter related bankruptcy matters. Federal courts have certain limitations. The cases which are qualified the mentioned criteria in the Constitution and Congressional statute (Liesbet & Gary, 2003).
The territorial jurisdiction is limited to the area of the state. The State court has the power to hear the matter on its domain, but the authority Federal court is decided by the Due Process clause of Constitution.
The positive side of this structure is that the jurisdictional matters are well structured. It creates the transparency in the judicial system. Each and every court has their limits and authority which help to run the judiciary smoothly.
But the negative effect can be seen it the area of concurrent jurisdiction. Some Federal and state conflict creates issues in the judicial process. The parties suffer the loss in the process of choice of jurisdiction. This kind of contradiction and issue found in the case of Princess Lida of Thurn and Taxis v. Thompson (Princess Lida of Thurn and Taxis v. Thompson, 1939).
In spite, of the negative issues the good structure and foundation is beneficial for the nation.
References
- Liesbet, H., & Gary, M. (2003). Unraveling the Central State, but How? Types of Multi-level Governance. Pol. Sci. Rev., 97(02). doi:10.1017/s0003055403000649
- Plager, S. J. (1989). United States Courts of Appeals, the Federal Circuit, and the Non-Regional Subject Matter Concept: Reflections on the Search for a Model, The. UL Rev., 39, 853.
- Princess Lida of Thurn and Taxis v. Thompson, 59 S. Ct. 275 (1939).
- Ruhrgas AG v. Marathon Oil Co. et al, 526 U.S. 574 (1999).
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