Jurisdiction and venue are legal terms that are critical in law enforcement especially in the judicial system. Essentially, these terms relate to the places and or locations where interested parties in any case or dispute may conduct their arbitration, lawsuits or mediate their issues. This essay will focus on defining and describing the variables and necessities that differentiate jurisdiction and venue and why they are important in law enforcement.
The law of Jurisdiction determines whether a particular court has the right and capacity to hear a certain case. Similarly, venue relates to the hearing and determination in a specific geographical location only. It is important to note that a party can ask for a change in venue if they cannot travel or feel they may not have a fair trial. However, an additional aspect to jurisdiction is the fact that various cases belong to certain courts; superior courts like county or district, surrogate courts, municipal courts among others. Of vital importance is the fact that jurisdiction depends on two specifics: personal and subject-matter jurisdiction (Rottenstein, 2018).
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Subject-matter relates to the topic that a case covers and whether there is jurisdiction. On the other hand, personal jurisdiction determines whether a particular court has the capacity and power to judge over the people involved in the case. Personal jurisdiction occurs in three ways; in rem, in personam, or in quasi in rem (Rottenstein, 2018). In personam jurisdiction means that if an individual lives, and works in a state, then the court has authority over them. In rem revolves around properties and their location. Quasi rem jurisdiction entails associating an individual in relation to the property they own in a particular state. For example, if an accident occurs in Philadelphia and the plaintiff is a nonresident, the defendant may pay damages to the plaintiff if he owns property in that state through its seizure.
In conclusion, jurisdiction and venue involve similar concepts of location but different requirements. Unlike venue, which is just the location, jurisdiction has a geographical location aspect to it as a court in a particular state cannot hear and determine a case from another jurisdiction, different state. Additionally, there are other concepts involved in the determination of a location where the hearing and judging of the case occurs like the right court and state.
References
Rottenstein Law. (2018). What are “jurisdiction” and “venue”?” Rottenstein Law Group LLP. Retrieved 24 October 2018 from, http://www.rotlaw.com/legal-library/what-are-jurisdiction-and-venue/
