A court must have the authority to hear a case, granted by statute, constitution, or political leader. Personal jurisdiction is established when a plaintiff or defendant has a connection to the court’s territory. Jurisdiction can be divided into appellate and original, and courts can have concurrent jurisdiction. Special courts are authorized to hear specific cases, while general courts have the power to hear any type of case not reserved for a special court.
When a lawsuit is filed in a particular court, it must be determined whether that court has the authority to hear the case. Usually, this authority is granted by statute, constitution, or a political leader in the country where the court is based. A court can only try cases if it has the authorization to do so. The term “court jurisdiction” refers to the power of a court to oversee a given case and to issue any decision or order associated with the case.
Deciding whether a court has the power to hear a case often involves analyzing whether it has personal or subject-matter jurisdiction. Personal court jurisdiction, or personam, is present when a court has the authority to adjudicate a case involving certain persons or entities. It is often established when a plaintiff or defendant has a significant connection to the court’s territory. Connections may include living or doing business in the territory, as well as engaging in a transaction or being a party to a dispute that has occurred within the territory.
When a court has been given the power to hear the particular type of matter at hand, the jurisdiction exists over the matter. For example, a family law court may be authorized to oversee proceedings relating to child custody, divorce, child support payments, and the like. If a prosecutor has attempted to initiate a criminal case before a family law judge, jurisdiction over the matter may not exist. The criminal case should probably be brought before a criminal court with the power to rule on the case. It is possible for two or more courts to have jurisdiction in a case, a phenomenon known as concurrent jurisdiction.
Jurisdiction can also be divided into appellate and original jurisdiction. Appellate jurisdiction is vested in the higher courts established for the purpose of correcting errors made in the lower courts. Their review is generally limited to examining cases for errors made by the lower courts.
On the other hand, judges with original jurisdiction were empowered to hear the case in the first place. These courts are often classified as general or special courts. A special court was authorized to hear specific cases. For example, a tax court may be designated to hear tax matters, and a bankruptcy court may be delegated to hear bankruptcy matters. A court with general jurisdiction is a court that has been given the power to hear any type of case not reserved to a special court.
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