Federal jurisdiction
Encyclopedia
The United States of America
being a federal
country is made up of many (currently fifty) States and a central government
. This central government may be known as the Union, the United States, or the Federal government. Similarly Federal jurisdiction refers to the legal scope of the Union's powers.
, Congress
has power to legislate only in the areas that are delegated
to it. Under clause 17 Article I Section 8 of the Constitution however, Congress has power to "exercise exclusive Legislation in all cases whatsoever" over the federal district (Washington, D.C.
) and other territory ceded to the federal government by the states, such as for military installations. Federal jurisdiction is said to exist over such territory.
Federal jurisdiction in this sense is important in criminal law
because federal law, being based on a concept of enumerated powers, does not deal with crimes as comprehensively as the laws of any particular state. To fill in any potential federal gaps, Congress has enacted the Assimilative Crimes Act , which provides that any act that would have been a crime under the laws of the state in which a federal enclave
is situated is also a federal crime. Since most of these enclaves are occupied by the military, military law
is especially concerned with these enclaves, especially the issue of establishing who has jurisdiction and what type of jurisdiction. Specifically, in these enclaves, the federal government may have proprietary jurisdiction (only the rights of any other landowner), concurrent jurisdiction (the right to legislate concurrently with the state government), or exclusive jurisdiction over the land where an act was committed in order to establish jurisdiction over the actor. This is not necessary for courts-martial
involving military members subject to the Uniform Code of Military Justice
as those military members are bound by the UCMJ regardless of their location.
includes both state courts and federal courts
. Generally, state courts hear cases involving state law, although they may also hear cases involving federal law
so long as the federal law in question does not grant exclusive jurisdiction
to federal courts. Federal courts may only hear cases where federal jurisdiction can be established. Specifically, the court must have both subject-matter jurisdiction
over the matter of the claim and personal jurisdiction over the parties.
The Federal Courts are courts of limited jurisdiction, meaning that they can only exercise the powers that are granted to them by the Constitution and Federal Laws. For subject matter jurisdiction, the claims in the case must either: (1) raise a Federal Question (i.e., a cause of action or defense arising under the Constitution, a Federal statute, or the law of admiralty); or have diversity of parties (i.e., all of the defendants are from a different state than the Plaintiff), and have an amount in controversy that exceeds a monetary threshold (which changes from time to time, but is $75,000 as of 2011). See (28 USC 1331 and 1332)
If a Federal Court has subject matter jurisdiction over one or more of the claims in a case, it has discretion to exercise ancillary jurisdiction over other State Law claims.
The Supreme Court has "cautioned that ... Court[s] must take great care to 'resist the temptation' to express preferences about [certain types of cases] in the form of jurisdictional rules. Judges must strain to remove the influence of the merits from their jurisdictional rules. The law of jurisdiction must remain apart from the world upon which it operates".
Generally, when a case has successfully overcome the hurdles of standing
, Case or Controversy
and State Action, it will be heard by a trial court
. The non-governmental party may raise claims or defenses relating to alleged constitutional violation(s) by the government. If the non-governmental party loses, the constitutional issue may form part of the appeal
. Eventually, a petition for certiorari
may be sent to the Supreme Court. If the Supreme Court grants certiorari and accepts the case, it will receive written briefs
from each side (and any amici curiae or friends of the court—usually interested third parties with some expertise to bear on the subject) and schedule oral arguments. The Justice
s will closely question both parties. When the Court renders its decision, it will generally do so in a single majority opinion
and one or more dissenting opinion
s. Each opinion sets forth the facts, prior decisions, and legal reasoning behind the position taken. The majority opinion constitutes binding precedent
on all lower courts; when faced with very similar facts, they are bound to apply the same reasoning or face reversal of their decision by a higher court.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
being a federal
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
country is made up of many (currently fifty) States and a central government
Central government
A central government also known as a national government, union government and in federal states, the federal government, is the government at the level of the nation-state. The structure of central governments varies from institution to institution...
. This central government may be known as the Union, the United States, or the Federal government. Similarly Federal jurisdiction refers to the legal scope of the Union's powers.
Legislative Branch
One aspect of federal jurisdiction is the extent of federal legislative power. Under the ConstitutionUnited States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
has power to legislate only in the areas that are delegated
Enumerated powers
The enumerated powers are a list of items found in Article I, section 8 of the US Constitution that set forth the authoritative capacity of the United States Congress. In summary, Congress may exercise the powers that the Constitution grants it, subject to explicit restrictions in the Bill of...
to it. Under clause 17 Article I Section 8 of the Constitution however, Congress has power to "exercise exclusive Legislation in all cases whatsoever" over the federal district (Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
) and other territory ceded to the federal government by the states, such as for military installations. Federal jurisdiction is said to exist over such territory.
Federal jurisdiction in this sense is important in criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
because federal law, being based on a concept of enumerated powers, does not deal with crimes as comprehensively as the laws of any particular state. To fill in any potential federal gaps, Congress has enacted the Assimilative Crimes Act , which provides that any act that would have been a crime under the laws of the state in which a federal enclave
Federal enclave
In United States law, a "federal enclave" is a parcel of federal property within a state that is under the "Special Maritime and Territorial Jurisdiciton of the United States." As of 1960, the latest comprehensive inquiry, only seven percent of federal property had enclave status, of which four...
is situated is also a federal crime. Since most of these enclaves are occupied by the military, military law
Military law
Military justice is the body of laws and procedures governing members of the armed forces. Many states have separate and distinct bodies of law that govern the conduct of members of their armed forces. Some states use special judicial and other arrangements to enforce those laws, while others use...
is especially concerned with these enclaves, especially the issue of establishing who has jurisdiction and what type of jurisdiction. Specifically, in these enclaves, the federal government may have proprietary jurisdiction (only the rights of any other landowner), concurrent jurisdiction (the right to legislate concurrently with the state government), or exclusive jurisdiction over the land where an act was committed in order to establish jurisdiction over the actor. This is not necessary for courts-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
involving military members subject to the Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
as those military members are bound by the UCMJ regardless of their location.
Judicial Branch
The American legal systemLaw of the United States
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
includes both state courts and federal courts
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
. Generally, state courts hear cases involving state law, although they may also hear cases involving federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
so long as the federal law in question does not grant exclusive jurisdiction
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...
to federal courts. Federal courts may only hear cases where federal jurisdiction can be established. Specifically, the court must have both subject-matter jurisdiction
Subject-matter jurisdiction
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases....
over the matter of the claim and personal jurisdiction over the parties.
The Federal Courts are courts of limited jurisdiction, meaning that they can only exercise the powers that are granted to them by the Constitution and Federal Laws. For subject matter jurisdiction, the claims in the case must either: (1) raise a Federal Question (i.e., a cause of action or defense arising under the Constitution, a Federal statute, or the law of admiralty); or have diversity of parties (i.e., all of the defendants are from a different state than the Plaintiff), and have an amount in controversy that exceeds a monetary threshold (which changes from time to time, but is $75,000 as of 2011). See (28 USC 1331 and 1332)
If a Federal Court has subject matter jurisdiction over one or more of the claims in a case, it has discretion to exercise ancillary jurisdiction over other State Law claims.
The Supreme Court has "cautioned that ... Court[s] must take great care to 'resist the temptation' to express preferences about [certain types of cases] in the form of jurisdictional rules. Judges must strain to remove the influence of the merits from their jurisdictional rules. The law of jurisdiction must remain apart from the world upon which it operates".
Generally, when a case has successfully overcome the hurdles of standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
, Case or Controversy
Case or controversy
The Case or Controversy Clause of Article III of the United States Constitution has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy — that is, an actual dispute between adverse parties which is capable of...
and State Action, it will be heard by a trial court
Trial court
A trial court or court of first instance is a court in which trials take place. Such courts are said to have original jurisdiction.- In the United States :...
. The non-governmental party may raise claims or defenses relating to alleged constitutional violation(s) by the government. If the non-governmental party loses, the constitutional issue may form part of the appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
. Eventually, a petition for certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
may be sent to the Supreme Court. If the Supreme Court grants certiorari and accepts the case, it will receive written briefs
Briefs
Briefs are a type of short, tight underwear and swimwear, as opposed to styles where the material extends down the legs.In the case of men's underwear, briefs, unlike boxer shorts, hold the wearer's genitals in a relatively fixed position, which make briefs a popular underwear choice for men who...
from each side (and any amici curiae or friends of the court—usually interested third parties with some expertise to bear on the subject) and schedule oral arguments. The Justice
Justice
Justice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
s will closely question both parties. When the Court renders its decision, it will generally do so in a single majority opinion
Majority opinion
In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision....
and one or more dissenting opinion
Dissenting opinion
A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment....
s. Each opinion sets forth the facts, prior decisions, and legal reasoning behind the position taken. The majority opinion constitutes binding precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
on all lower courts; when faced with very similar facts, they are bound to apply the same reasoning or face reversal of their decision by a higher court.
See also
- JurisdictionJurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
- Law of the United StatesLaw of the United StatesThe law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the United States Constitution, the foundation of the federal government of the United States...
- FederalismFederalismFederalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
- Territorial Clause - U.S. Const. art. IV, § 3, cl. 2