25 Jan 2023

66

Jurisdiction: The Mandate of a Court

Format: APA

Academic level: High School

Paper type: Assignment

Words: 263

Pages: 1

Downloads: 0

Jurisdiction is the mandate of a court to rule over a specific crime as guided by the criminal procedure. Jurisdiction has two categories; the first is personal jurisdiction. Personal jurisdiction is whereby the court has a mandate over a particular party or parties involved in a specific claim; it is mostly related to a geographical area. Commonly, the court has the order to rule over crimes committed in their locations. One is allowed to file a criminal case, preferably in the location where the crime was committed. The second one is subject matter jurisdiction refers to a court's mandate over particular claims depending on the type of crime committed. Federal judges should prosecute claims related to state law while state courts should handle other crimes. In other cases, an individual has to appeal; they go to appellate courts and state supreme courts. Federal cases, the highest level is the US Supreme Court. County, rural and urban courts handle minor crimes. The US Supreme Court possesses the authority and power for judicial review. In Marbury v. Madison , 5 US 137(1803), was a crucial case that resulted in judicial review in the US. According to the case, Congress lacks authority and power to enact laws overriding the US constitution, like expanding the Supreme Court’s jurisdiction. Both personal and subject matter jurisdiction affect the criminal procedure. For instance, the introduction of the sixth amendment into the due process in the fourth amendment states that any individual whose crime committed has a sentence of two years’ jail time deserves jury hearing indicates subject matter jurisdiction. Practical fundamental fairness test incorporated in the Due Process in the fourth amendment means personal jurisdiction that no grand juries are allowed for state court prosecution. Personal and subject matter jurisdiction determines where one files their case.

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StudyBounty. (2023, September 14). Jurisdiction: The Mandate of a Court.
https://studybounty.com/jurisdiction-the-mandate-of-a-court-assignment

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