SUBJECT MATTER JURISDICTION

A comparison of subject matter jurisdiction in the federal and state jurisdiction

A comparison of subject matter jurisdiction in the federal and state jurisdiction

Introduction

Jurisdiction is the legal authority of a court to hear and decide cases. Jurisdiction can be based on a host of factors. For example, the federal courts have jurisdiction to hear criminal cases based on violations of federal criminal statutes. In addition, federal jurisdiction has a geographic component. When a federal crime is committed in a particular state, the federal court where the crime was committed has jurisdiction to hear the case. At the state level, state courts hear cases involving violations of state criminal laws.

Jurisdiction also refers to the particular type of case a court is authorized to hear. Courts are divided into courts of general jurisdiction and courts of limited or special jurisdiction. A federal district court is a court of general jurisdiction. At the state level, courts may be divided into limited jurisdiction courts based on the type of law at issue. It is common to have criminal courts, civil courts, probate courts, juvenile courts, family courts and business courts. At the appellate level, some states have separate appeals courts for civil and criminal cases. All of these distinctions are based on the concept of jurisdiction.

Discussion and Analysis

In civil lawsuits, jurisdiction is a complex and highly technical area of the law. In criminal law, jurisdiction is simpler, based on the concepts of personal jurisdiction and subject matter jurisdiction. Personal jurisdiction is based on territorial concepts: a court gains jurisdiction over a party if the party has a connection to the geographic area in which the court sits. In a criminal case, personal jurisdiction is established when the defendant is accused of committing a crime in the geographic area where the court sits, whether it is a state or federal court. However, where conspiracy is charged, the prosecutor has the option of trying the case in any spot where the conspiracy took place. A court may also gain authority to hear a criminal case based on subject matter jurisdiction. Subject matter jurisdiction is the basis for dividing courts into civil, criminal and other divisions. However, states also allocate this type of jurisdiction by the amount of damages alleged or the level of the crime. Traffic courts are usually at the city or county level and have jurisdiction to hear minor offenses. District courts have general jurisdiction to hear more serious misdemeanor and felony charges. Prosecutorial discretion plays a part in jurisdictional issues where a defendant has violated both state and federal laws. It is clear that where a defendant violates just one set of laws, either the federal or state prosecutor has jurisdiction to file charges. The more difficult cases involve violations of both sets of laws. It is not a violation of the Fifth Amendment's Double Jeopardy Clause to try a defendant serially in state and federal court based on the same criminal facts. However, state and federal prosecutors may make informal agreements about ...