Exclusive jurisdiction
Encyclopedia
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
, in which more than one court may take jurisdiction over the case.
Exclusive jurisdiction is typically defined in terms of subject matter
.
For example, gives the United States district court
s exclusive jurisdiction over all matters arising in bankruptcy
(with few exceptions).
On a Federal level, exclusive jurisdiction allows the Supreme Court to review the decisions in lower courts.
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
, exclusive jurisdiction exists where one court has the power to adjudicate a case
Legal case
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...
to the exclusion of all other courts. It is the opposite situation from 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...
, in which more than one court may take jurisdiction over the case.
Exclusive jurisdiction is typically defined in terms of subject matter
Subject-matter jurisdiction
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, gives the United States district court
United States district court
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...
s exclusive jurisdiction over all matters arising in bankruptcy
Bankruptcy in the United States
Bankruptcy in the United States is governed under the United States Constitution which authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States." Congress has exercised this authority several times since 1801, most recently by adopting the Bankruptcy...
(with few exceptions).
On a Federal level, exclusive jurisdiction allows the Supreme Court to review the decisions in lower courts.
See also
- Original jurisdictionOriginal jurisdictionThe original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
--the power of a court to hear a case for the first time - Appellate jurisdictionAppellate jurisdictionAppellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right...
--the power of a court to hear a case on appealAppealAn appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....