In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction (or non exclusive jurisdiction), in which more than one court may take jurisdiction over the case.
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits. These rules govern how a lawsuit or case may be commenced; what kind of service of process is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; various available remedies; and how the courts and clerks must function.
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal law. In each legal case there is an accuser and one or more defendants.
Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to them.
Exclusive jurisdiction is typically defined in terms of subject matter.
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases.
For example, 28 U.S.C. § 1334 gives the United States district courts exclusive jurisdiction over all matters arising in bankruptcy (with few exceptions).
Title 28 is the portion of the United States Code that governs the federal judicial system.
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States district court. Each federal judicial district has at least one courthouse, and many districts have more than one. The formal name of a district court is "the United States District Court for" the name of the district—for example, the United States District Court for the Eastern District of Missouri.
In the United States, bankruptcy is governed by federal law, commonly referred to as the "Bankruptcy Code" ("Code"). The United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States." Congress has exercised this authority several times since 1801, including through adoption of the Bankruptcy Reform Act of 1978, as amended, codified in Title 11 of the United States Code and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
On a Federal level, exclusive jurisdiction allows the Supreme Court to review the decisions in lower courts.
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Federal jurisdiction refers to the legal scope of the government's powers in the United States of America. See the 1962 Federal Report titled "JURISDICTION OVER FEDERAL AREAS WITHIN THE STATES".
Jurisdiction is the practical authority granted to a legal body to administer justice within a defined field of responsibility, e.g., Michigan tax law. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels; e.g. the court has jurisdiction to apply federal law.
A trial court or court of first instance is a court having original jurisdiction, in which trials take place.
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases. A superior court is "superior" relative to a court with limited jurisdiction, which is restricted to civil cases involving monetary amounts with a specific limit, or criminal cases involving offenses of a less serious nature. A superior court may hear appeals from lower courts.
Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law and to a lesser extent Islamic law.
The Superior Court of Justice is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges.
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong, it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes, including all public and private law matters.
The Supreme Court of British Columbia (BCSC) is the superior trial court for the province of British Columbia, Canada. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. There are 90 judicial positions on the BCSC bench in addition to supernumary judges, making for a grant total of 108 judges. There are also 13 Supreme Court masters who hear and dispose of a wide variety of applications in chambers.
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.
Canada v Paul L'Anglais Inc [1983] 1 S.C.R. 147 is a leading Supreme Court of Canada constitutional decision on the jurisdiction of the superior courts to hear constitutional arguments. The unanimous Court found that Courts of Inherent Jurisdiction such as the Quebec Superior Court had concurrent jurisdiction to hear constitutional cases.
The Provincial Court of British Columbia is a trial level court in British Columbia that hears cases in criminal, civil and family matters.
The Supreme Court of Fiji is one of three courts established by now-defunct Chapter 9 of the Constitution, the others being the High Court and the Court of Appeal. The Supreme Court is declared to be "the final appellate court of the State" – in other words, there is no judicial authority higher than the Supreme Court. In this respect, the Supreme Court takes over the functions formerly performed by the United Kingdom's Judicial Committee of the Privy Council before Fiji became a republic in 1987.
In Washington, there are several different state courts. Judges are elected and serve four-year or six-year terms. Most judges first come to office when the governor of Washington appoints them after a vacancy is created - either by the death, resignation, retirement, or removal of a sitting judge, or when a new seat on the bench is created by the Washington State Legislature.
The courts of South Africa are the civil and criminal courts responsible for the administration of justice in South Africa. They apply the law of South Africa and are established under the Constitution of South Africa or under Acts of the Parliament of South Africa.
The Judiciary of Michigan is defined under the Michigan Constitution, law, and regulations as part of the Government of Michigan. The court system consists of the Michigan Supreme Court, the Michigan Court of Appeals as the intermediate appellate court, the circuit courts and district courts as the two primary trial courts, and several administrative courts and specialized courts. The Supreme Court administers all the courts. The Michigan Supreme Court consists of seven members who are elected on non-partisan ballots for staggered eight-year terms, while state appellate court judges are elected to terms of six years and vacancies are filled by an appointment by the governor, and circuit court and district court judges are elected to terms of six years.
The law of Cyprus is a legal system which applies within the Republic of Cyprus. Although Cyprus law is extensively codified, it is still heavily based on English Common Law in the sense that the fundamental principle of precedent applies.
The Judiciary of Sierra Leone is the branch of the Government of the Republic of Sierra Leone which interprets and applies the laws of Sierra Leone to ensure impartial justice under law and to provide a mechanism for dispute resolution. The independence of the judiciary is guaranteed by the constitution.
