Concurrent Jurisdiction

Concurrent Jurisdiction in the United States

Authority of both federal and state courts to hear the same kinds of cases. Where concurrent jurisdiction exists, litigants are able to choose between state or federal courts as the better location to file suit. The most common concurrent jurisdiction situation is the civil action involving citizens of different states. So long as the value of the dispute exceeds $10,000, federal courts have jurisdiction to hear the case. State courts are also empowered to hear such cases. State courts may also hear some cases involving federal law such as civil rights, commerce, or Social Security disputes. There are also crimes that violate both federal and state laws, and these may be prosecuted in courts at either level. Federal and state jurisdiction also intersect in cases involving prisoner petitions from persons convicted of state crimes. These are typically cases where a Petitioner (Judicial Organization) is attempting to invoke federal habeas corpus provisions.

See Also

Diversity Jurisdiction (Judicial Organization) Federalism (Judicial Organization) Habeas Corpus (Judicial Organization).

Analysis and Relevance

Concurrent jurisdiction permits certain kinds of controversies to be heard by federal or state courts. The presence of concurrent jurisdiction gives plaintiffs in civil actions the opportunity to locate in the court they believe will be most favorable to them because of differences in procedural rules, court caseload, or judicial attitudes. Concurrent jurisdiction also creates the possibility that policy decisions of the state and federal courts will be different. This may occur, for example, when state courts establish and apply legal standards that are more demanding than those used in federal courts. Concurrent jurisdiction is the opposite of exclusive jurisdiction, which specifically assigns an issue only to either a federal or a state court. Occasionally, one may see reference to overlapping jurisdiction. This typically refers to situations where more than one court in the same judicial system may hear the same case. Such overlap will occasionally occur in a state system when a new limited jurisdiction court is added to the system without carefully defining its boundaries with respect to already existing courts. The term concurrent jurisdiction is reserved for those points of overlap between federal and state courts.

Notes and References

  1. Definition of Concurrent Jurisdiction from the American Law Dictionary, 1991, California

Concurrent Jurisdiction Definition

That which is possessed over the same parties or subject matter at the same time by two or more separate tribunals. 120 111. 81. That jurisdiction exercised by different courts at the same time over the same subject matter and within the same territory, and wherein litigants may, in the first instance, resort to either court indifferently. 141 111. 498.

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Legal Issue for Attorneys

That which is possessed over the same parties or subject matter at the same time by two or more separate tribunals. 120 111. 81. That jurisdiction exercised by different courts at the same time over the same subject matter and within the same territory, and wherein litigants may, in the first instance, resort to either court indifferently. 14
1 111. 498.

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Notice

This definition of Concurrent Jurisdiction Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Concurrent Jurisdiction

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled 513 CONCURRENT JURISDICTIONThe Constitution does not require Congress to create lower federal courts. The Framers assumed that state courts would be competent to hear the cases included in Article III’s definition of the judicial power of the united states. When Congress does choose to confer some of
(read more about Constitutional law entries here).

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Concurrent Jurisdiction in State Statute Topics

Introduction to Concurrent Jurisdiction (State statute topic)

The purpose of Concurrent Jurisdiction is to provide a broad appreciation of the Concurrent Jurisdiction legal topic. Select from the list of U.S. legal topics for information (other than Concurrent Jurisdiction).

Concept of Concurrent Jurisdiction

In the U.S., in the context of Judiciary power and branch, Concurrent Jurisdiction has the following meaning: A court’s jurisdiction is its authority to hear and decide cases. When two or more court systems (e.g., state and federal), or two levels of courts both have original jurisdiction in a case, they are said to have concurrent jurisdiction in the case. Ordinarily, the courts or authorities will decide among themselves which shall consider the case or consider it first. (Source of this definition of Concurrent Jurisdiction : University of Texas)

Concurrent Jurisdiction

Meaning of Concurrent Jurisdiction

In plain or simple terms, Concurrent Jurisdiction means: The jurisdiction of two or more courts, each authorized to deal with the same subject.

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See Also

  • Judiciary Power
  • Judiciary Branch

Meaning of Concurrent Jurisdiction

In plain or simple terms, Concurrent Jurisdiction means: The jurisdiction of two or more courts, each authorized to deal with the same subject.

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