0
The authority begins with the Constitution of the United States in which power to make laws is vested in the United States Congress but all laws, rules and regulations not vested in the federal government are left to the states. The states-- members of this "confederacy" of states known as the United States-- then create the laws by which the state community will conduct itself. Laws are generally prohibitory in that they prohibit or restrict behavior that is deemed offensive either criminally or civilly in that particular state. Within the states, counties and cities can be created-- often by means of what is called a "charter" and those "local" entities will then be vested by the state government with the power to make local rules, laws, and regulations.
This entire "scheme" is based upon the organizing principle of democracy. Essentially, the people of the U.S. got together and agreed among themselves to organize a system by which local people could join with a larger group of other local people in order to further their common interests. the Constitution is the document-- or charter-- which was designed to further the common interests of the original founders. so, the U.S. government, essentially, has the power through this constitutional framwork or organizing scheme to make laws, rules and regulations that relate to interests that go beyond state borders.
The areas over which any governmental body has the power to make laws or rules is called that body's "jurisdiction." When a court is asked to take on and oversee a legal claim either criminal or civil it first determines if it has jurisdiction. Essentially, it determines if the governmental body-- federal, state or local-- has vested it with jurisdiction to oversee the matter. the jurisdictional scheme of the courts is somewhat complicated but are the modern result of more than 400 years of law development began in England in the 1500's. Much of our law is still based upon this experience. The concept of jurisdiction has been around that long. A court cannot hear a matter over which it does not have jurisdiction. If a court were to take on a matter over which it didn't have jurisdiction, the legality of the proceedings-- wherever they stood-- could be challenged and the matter "thrown out" of the court.
In short, the answer is: court's authority to hear and decide a case begins with the Constitution and, depending where the case is heard, who the parties are, and what the issues in the case are, the court with jurisdiction will have been given its authority through a somewhat complex-- but entirely open and transparent-- process begun with our ultimate legal authority-- the U.S. Constitution.
Wiki User
∙ 14y ago
Add your answer:
Earn +20 pts
What branch has the authority to hear and decide a court case for the first time?
The Judicial branch includes all the federal courts. The court's authority to hear a case is called jurisdiction; the authority to hear a case for the first time is called "original jurisdiction."
What is a courts ability to hear a case known as?
The power or authority of a court to hear and decide a specific case is known as original jurisdiction.
What is the power to hear and decide a case?
The power or authority to hear a case is called jurisdiction; the authority to hear a case on appeal is called appellate jurisdiction.
When state and federal courts share authority to hear a case is called?
Concurrent jurisdiction
Which court hears cases over which state and federal courts have concurrent jurisdiction?
Yes. When both state and federal courts have authority to hear the same case, it's called concurrent jurisdiction.
District courts have authority to hear federal cases first?
Yes. US District Courts are the trial courts of general jurisdiction. They hear civil and criminal cases that involve federal and constitutional law and US treaties, provided the case doesn't fall under the jurisdiction of one of the US Special Courts (bankruptcy, tax, etc.).
These courts are never the first to hear a case?
Courts of Appeal.
What Federal and state courts have ability to hear case?
While the US Supreme Court is assigned original jurisdiction (authority to hear the case first) over disputes between a state and the federal government, it doesn't have exclusivejurisdiction over such cases. At present, federal law requires these matters to be heard first in the US District Courts.
What refers to the authority of a court has to hear a case?
The authority of a court to hear a case is its jurisdiction.
Jurisdiction and authority cases begin where?
Trick question? They start with the statutes passed by the legislature giving the courts their authority. There are different types of jurisdiction. Personal jurisdiction address the question of whether the courts in a particular state can require you to appear and participate. Subject-matter jurisdiction addresses the question of whether the court has the authority to hear a particular type of dispute. For example, divorces in most states are handled by a particular court, and the other courts in that state do not have subject-matter jurisdiction to hear that type of case. Authority simply refers to rules established that affect the decision of the court. Courts get their authority from the legislature. Once the courts are established, the superior courts (like the US Supreme Court on issues of interpreting the US Constitution) decide cases, which become authority for the inferior courts. Civil Procedure is a year-long law school course. About 1/3 of that deals with jurisdiction. It is not a simple question.
When do concurrent jurisdiction occur?
Concurrent Jurisdiction is the authority possessed by two or more different courts to hear and decide on the same matter within the same territory.
What does jursdiction mean?
a court's authority to hear and decide cases
