Concurrent jurisdiction

Concurrent jurisdiction

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.

Contents

United States

In the United States, concurrent jurisdiction exists to the extent that the United States Constitution permits federal courts to hear actions that can also be heard by state courts. For example, where a party from Alabama sues a party from Florida for a breach of contract, the Alabama party can sue in either the federal court located in Florida (under its diversity jurisdiction) or in the state court located in Florida (under its personal jurisdiction over the defendant). Concurrent jurisdiction may also be created where the United States Congress, in creating a cause of action, permits the courts of the states to hear cases alleging that cause of action. For example, a state court may hear a claim for trademark infringement under the Lanham Act.

Concurrent jurisdiction in the United States can also exist between different levels of state courts, and between courts and other government agencies with judicial powers. Different countries can also share concurrent jurisdiction over a case, where different countries have authority over the parties or events giving rise to the cause of action.

Title 28 of the United States Code, sections 1331 & 1332 give federal courts concurrent jurisdiction with the state courts over federal question and diversity cases.

Medieval Church jurisdiction

In the Middle Ages, the Church expanded its jurisdiction in many areas of Europe widely beyond the original scope of ecclesiastical courts concerning spiritual or religious matters, thereby creating concurrent jurisdiction in many civil cases with the courts instituted by secular authorities.[1]

See also

References

  1. ^  Johannes Baptist Sägmüller (1913). "Ecclesiastical Jurisdiction". Catholic Encyclopedia. New York: Robert Appleton Company. 
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Look at other dictionaries:

  • concurrent jurisdiction — see jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. concurrent jurisdiction …   Law dictionary

  • concurrent jurisdiction — The jurisdiction of several different tribunals, each authorized to deal with the same subject matter, person or thing at the choice of the suitor. Authority shared by two or more legislative, judicial, or administrative officers or bodies to… …   Black's law dictionary

  • concurrent jurisdiction — The jurisdiction of several different tribunals, each authorized to deal with the same subject matter, person or thing at the choice of the suitor. Authority shared by two or more legislative, judicial, or administrative officers or bodies to… …   Black's law dictionary

  • concurrent jurisdiction — The jurisdiction conferred upon and existing in two, possibly more, courts over the same class of cases or matters. 20 Am J2d Cts § 106. Jurisdiction existing in a court and in an administrative agency over the same matter. 20 Am J2d Cts § 128.… …   Ballentine's law dictionary

  • exclusive and concurrent jurisdiction — The federal courts have original and exclusive jurisdiction over certain actions (e.g. controversies between two or more states) and concurrent jurisdiction with that of state courts in others (e.g. actions between citizens of different states) …   Black's law dictionary

  • exclusive and concurrent jurisdiction — The federal courts have original and exclusive jurisdiction over certain actions (e.g. controversies between two or more states) and concurrent jurisdiction with that of state courts in others (e.g. actions between citizens of different states) …   Black's law dictionary

  • jurisdiction — ju·ris·dic·tion /ˌju̇r əs dik shən/ n [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1: the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) to be… …   Law dictionary

  • concurrent — con·cur·rent /kən kər ənt/ adj 1: occurring, arising, or operating at the same time often in relationship, conjunction, association, or cooperation the power of taxation in the general and state governments is acknowledged to be concurrent… …   Law dictionary

  • Concurrent — Con*cur rent, a. [F. concurrent, L. concurrens, p. pr. of concurrere.] 1. Acting in conjunction; agreeing in the same act or opinion; contributing to the same event or effect; co[ o]perating. [1913 Webster] I join with these laws the personal… …   The Collaborative International Dictionary of English

  • concurrent — late 14c., from O.Fr. concurrent or directly from L. concurrentem (nom. concurrens), prp. of concurrere (see CONCUR (Cf. concur)). Related: Concurrency; concurrently. Concurrent jurisdiction is recorded from 1767 …   Etymology dictionary

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