What is concurrent jurisdiction in law?
Two or more courts have concurrent jurisdiction over a case if all of the courts have the power to hear it. When multiple courts have concurrent jurisdiction over a claim, plaintiffs may deliberately pick the forum most favorable to them.
What is an example of a concurrent jurisdiction?
Therefore, federal and state courts may have concurrent jurisdiction over specific crimes. For example, a person who robs a bank may be tried and convicted in state court for robbery, then tried and convicted in federal court for the federal offense of robbery of a federally-chartered savings institution.
What does jurisdiction of office mean?
Jurisdiction means having a legal right over something. A court can have jurisdiction over a legal question, and a government can have jurisdiction over another country or territory.
What is concurrent jurisdiction Canada?
As the Court explained, the Federal Court has concurrent jurisdiction with the provincial superior courts over claims against the Federal Crown. So, in this case, the provincial superior courts can address the legality of the Guidelines if doing so is a necessary step to resolving a claim in a proceeding.
What crimes fall under concurrent jurisdiction?
Under concurrent jurisdiction, both the state of Texas and the federal government have instituted laws criminalizing the conduct. The state and federal government can charge a defendant with sex trafficking, drug trafficking, bank robbery, possession or distribution of child pornography, and Medicaid fraud.
What authority does concurrent jurisdiction have?
The authority of several different courts, each of which is authorized to entertain and decide cases dealing with the same subject matter. State and federal courts possess concurrent jurisdiction over particular civil lawsuits, such as an action to declare a state law unconstitutional.
Who is responsible for residual power?
Residuary Power This power is “residuary” in the sense that any matter that does not come within the power of provincial legislatures comes within the power of the federal Parliament. This residuary power ensures that every area of legislation comes under one or both of Canada’s two orders of government.
What is Section 91 and 92 of the Constitution Act?
Sections 91 and 92 (and to a lesser extent sections 93 to 95) of the Constitution Act, 1867 assign areas of legislative authority to the federal and provincial legislatures. Areas of legislative authority are often referred to as “heads of power.”
What determines jurisdiction of the court?
> Exception to the rule: where jurisdiction is dependent on the nature of the position of the accused at the time of the commission of the offense—in this case, jurisdiction is determined by the law in force at the time of the commission of the offense.
What power does the original jurisdiction give the courts?
What power does original jurisdiction give the courts? It gives courts the authority to hold trials and determine the facts of cases. It gives courts the authority to review the decisions of lower courts and decide whether the law was properly applied.
What is exclusive and concurrent jurisdiction?
Exclusive jurisdiction is conferred on courts by the U.S. constitution, various statutes or contract between the parties. The jurisdiction is said to be concurrent when two or more different courts possess the authority to hear and decide on the same matter within the same territory.
What does ‘concurrent jurisdiction/sentence’ mean?
Concurrent jurisdiction is the ability to exercise judicial review by different courts at the same time, within the same territory, and over the same subject matter. For instance, a domestic violence matter may be heard in either a general civil court or a family court in the same county. Whichever court actually exercises its jurisdiction first will do so exclusively.
What are concurrent cases?
Court case 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.
What are the four types of military jurisdiction?
There are four main types of jurisdiction (arranged from greatest Air Force authority to least): (1) exclusive federal jurisdiction; (2) concurrent federal jurisdic- tion; (3) partial federal jurisdiction; and (4) proprietary jurisdiction.