There are many different sorts of jurisdictions, despite the fact that many individuals believe they understand what they are. Learn about five of the most common jurisdictional categories by reading on. To schedule a free legal consultation with a federal criminal defense lawyer, call Chambers Law Firm at 714-760-4088.
Subject-matter authority
In terms of subject-matter jurisdiction, it refers to the authority to hear and determine different kinds of matters. A judge would not, for instance, hear a criminal case in a civil court. An appeal would only be heard by a judge in an appellate court. Subject-matter jurisdiction is determined by legislation and constitutional clauses.
Territorial authority
When most people think about jurisdiction, they picture something like this. It has to do with the geographical restrictions a court has. For instance, a Los Angeles municipal court would not have jurisdiction over a crime that occurred outside of the city limits. Another illustration is the fact that offenses committed in other states are not subject to Californian law.
Personal authority
Whether a court has jurisdiction over a particular defendant is at issue here. For instance, if a child is arrested for a crime, the juvenile court will likely have jurisdiction over them. Another illustration is a service member who is on active duty and may be subject to a military court’s jurisdiction.
Both broad and specific jurisdiction
A court with restricted jurisdiction is only able to address specific situations. Almost any matter may be heard by a court with wide jurisdiction. Most frequently, a court with restricted jurisdiction can only hear misdemeanors and other minor offenses. On the other hand, a court with wide jurisdiction will deal with felonies. This implies that the felony court can hear both cases if a person is accused of a felony and a misdemeanor, but not the other way around.
Concurrent and exclusive jurisdiction
In rare circumstances, a matter can only be heard and decided by one court. An exclusive jurisdiction exists in this situation. Certain matters could be tried in a number of different courts. Concurrent jurisdiction describes this situation. Although the defense may submit an appeal to change jurisdiction, the prosecutor will pick which jurisdiction to prosecute a case under.
The impact of jurisdiction on your case
Depending on the particulars of your situation. Most of the time, your criminal defense lawyer is not required to take any action with regard to jurisdiction. In other cases, we have to struggle to get you into the court where the outcome will probably be the best. The Chambers Law Firm will carefully assess your alternatives and let you know what they are. Call us at 714-760-4088 right away for a free legal consultation.
