JURISDICTION OF COURTS

The term jurisdiction is derived from the two Latin terms- ius, iuris meaning “law” and dicere meaning “to speak”.  Jurisdiction is therefore the authority granted to a formally constituted legal body to deal with and make pronouncements on legal matters.  Jurisdiction is therefore the authority to administer justice within a defined area of responsibility.  Jurisdiction also denotes the geographical area or subject-matter to which such authority applies.

There are three main types of judicial jurisdiction: personal, territorial and subject matter:

  • Personal jurisdiction is the authority over a person, regardless of their location.
  • Territorial jurisdiction is the authority confined to a bounded space, including all those present therein, and events which occur there.
  • Subject Matter jurisdiction is the authority over the subject of the legal questions involved in the case.

Courts may also have jurisdiction that is exclusive, or concurrent (shared).  Where a court has exclusive jurisdiction over a territory or a subject matter, it is the only court that is authorized to address that matter.  Where a court has concurrent or shared jurisdiction, more than one court can adjudicate the matter.  In cases where concurrent jurisdiction exists, a party may attempt to engage in forum shopping, by bringing the case to a court which the party presumes will rule in its favor.

In the United States, jurisdiction is conceptually divided between jurisdiction over the subject matter of a case (subject matter jurisdiction) and jurisdiction over the person of the litigants (personal jurisdiction).  When the court exercises jurisdiction over property located within the perimeter of its powers without regard to personal jurisdiction over the litigants, it is called jurisdiction in rem.

The subject-matter jurisdiction of certain courts is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum).  These are referred to as courts of special jurisdiction or court of limited jurisdiction.

A court whose subject-matter is not limited to certain types of controversy is referred to as a court of general jurisdiction.  In the United States, all state have courts of general jurisdiction; most states also have some courts of limited jurisdiction.  For example, federal courts in the United States are courts of limited jurisdiction.  

Federal jurisdiction can be divided into two as

  1. federal question jurisdiction and
  2. diversity jurisdiction.

The United States district courts also have jurisdiction to hear only cases arising under federal law and treaties, cases involving ambassadors, admiralty cases, controversies between states or between a state and citizens of another state, lawsuits involving citizens of different states and against foreign states and citizens.

Certain courts, particularly the United States Supreme Court and most state supreme courts, have discretionary jurisdiction.  By virtue of this, these courts can choose which cases to hear from among all the cases presented on appeal.  Such courts generally only choose to hear cases that would settle important and controversial points of law.  The most important aspect of discretionary jurisdiction is that though these courts have discretion to deny cases they can adjudicate; no court has the discretion to hear a case that falls outside of its subject-matter jurisdiction.

Original jurisdiction and appellate jurisdiction are also other types of jurisdiction.  A court of original jurisdiction hears cases as they are first initiated by a plaintiff, but a court of appellate jurisdiction may only hear an action after the court of original jurisdiction (or a lower appellate court) has heard the matter.  For example, the United States district courts have original jurisdiction over a number of different matters , but the United States Court of Appeals have appellate jurisdiction only over matters appealed from the district courts.  In the case of Georgia v. South Carolina, it was held that the Supreme Court had original jurisdiction in a case involving the correct location of a boundary between the two states.  

Types Of Jurisdictions

Every court system has jurisdiction over certain cases, from enforcing traffic laws to hearing capital murder charges. There are three types of jurisdictions:

  1. Original Jurisdiction– the court that gets to hear the case first. For example Municipal courts typically have original jurisdiction over traffic offenses the occur within city limits.
  2. Appellate Jurisdiction– the power for a higher court to review a lower courts decision. For example, the Texas Court of Appeals has appellate jurisdiction over the District Courts (See the hierarchy of Texas Court Structure in this Unit).
  3. Exclusive Jurisdiction– only that court can hear a specific case. For example only the Texas Court of Criminal Appeals Court can hear appeals for death penalty sentences

JURISDICTION AND KINDS OF JURISDICTION Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. The term is also used to denote the geographical area or subject-matter to which such authority applies. Jurisdiction draws its substance from public international law, conflict of laws, constitutional law and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of its native society. Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. The term is also used to denote the geographical area or subjectmatter to which such authority applies. Areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from public international law, conflict of laws, constitutional law and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of its native society. Jurisdiction in a wide sense means the extent of the power of the court to entertain suits, appeals and applications. In its technical sense jurisdiction means the extent of the authority of a court to administer Justice not only with reference to the subject-matter of the suit but also to the local and pecuniary limits of its jurisdiction. The meaning of the word “jurisdiction” has been expounded with some detail in a Full Bench case in Hriday Nath Roy v. Ram Chandra, (A.I.R. 1921 Cal. 34). The following passage from the judgment of the said case is relevant in this connection: “In the order of reference to a Full Bench in the case of Sukhlal v. Tara Chand, [(1905) 33 Cal. 68], it was stated that jurisdiction may be defined to be the power of Court to hear and determine a cause, to adjudicate and exercise any judicial power in relation to it; in other words, by jurisdiction is meant the authority which a Court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision. An examination of the cases in the books discloses numerous attempts to define the term “jurisdiction”, which has been stated to be the power to hear and determine issues of law and fact, ‘the authority by which the judicial officers take cognizance of and decide a legal controversy,” the power to hear and determine the subject-matter in controversy between parties to a suit and to adjudicate or exercise any judicial power over them; ‘the power to hear, determine and pronounce judgment on the issues before the Court’; the power or authority which is conferred upon a Court by the Legislature to hear and determine causes between parties and to carry the judgments into effect, to apply the law, to pronounce the judgment and carry into execution.” Kallu Khan v. Kamarulnish, 1962 [A.L.J. 1039, 1056 (F.B.)]. Jurisdiction, as stated above, can be classified into three categories, viz., (1) jurisdiction over the subject-matter; (2) territorial jurisdiction; and (3) pecuniary jurisdiction. 1. Jurisdiction over the subject-matter: Certain courts are precluded from entertaining suits of particular classes by status. Thus, a small cause court can try only such suits as a suit for money due on account of an oral loan or under a bond or promissory note, a suit for price of work done, etc., but it has no jurisdiction to try suits for specific performance of contracts for a dissolution of partnership, for an injunction or suits relating to immovable property. 2. Territorial Jurisdiction: Every court has its own limits, fixed by the State Government, beyond which it cannot exercise its jurisdiction. Thus, the District Judge is in charge of the district and cannot exercise his power beyond that district. The Munsif West and Munsif East are in charge of the areas assigned to them. The High Court has jurisdiction over the whole territory of the State. 3. Pecuniary Jurisdiction: Throughout India there are a large number of civil courts of different grades having jurisdiction to try suits or hear appeals of different amounts or value. Some of these courts have unlimited pecuniary jurisdiction. Thus the High Court, the District Judge and the Civil Judge have unlimited pecuniary jurisdiction. Other courts have only a limited pecuniary jurisdiction. The jurisdiction of the Munsifs in Uttar Pradesh is limited. Further, on the small cause court’s side the Civil Judge’s jurisdiction is limited. A small Cause Court Judge also exercises a limited pecuniary jurisdiction. 4. Original or Appellate Jurisdiction: The jurisdiction of a court may again be Original or Appellate. In the exercise of its original jurisdiction a court entertains original suits, while in the exercise of its appellate jurisdiction it entertains appeals. The Munsifs court and the court of small causes have only original jurisdiction; the District Judge’s court and the various High Courts have both original and appellate jurisdiction. The High Court of Allahabad has limited original jurisdiction. In the first place, it has original jurisdiction with regard to matrimonial, testamentary, probate and company matters. And, in the second place, it can exercise extraordinary original jurisdiction in any suit or trial, as it has the power to remove a suit from a subordinate court to itself for trial and determination