Subject-matter jurisdiction
Encyclopedia
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.
Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction
, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity.
To decide a case, a court must have a combination of subject (subjectam) and either personal (personam) or territorial (locum) jurisdiction.
Subject-matter jurisdiction, personal or territorial jurisdiction, and adequate notice
are the three most fundamental constitutional requirements for a valid judgment.
, many state court systems are divided into divisions such as criminal
, civil law
, family
, and probate
. A court within any one of those divisions would lack subject-matter jurisdiction to hear a case regarding matters assigned to another division. Most U.S. state
court systems, however, include a superior court
that has "general" jurisdiction; that is, it is competent to hear any case over which no other tribunal has exclusive jurisdiction
. Because the United States federal courts have exclusive jurisdiction
over a very small percentage of cases (e.g., copyright
and patent
disputes and bankruptcy matters), state courts have the authority to hear the vast majority of cases.
. The maximal constitutional bounds of federal courts' subject-matter jurisdiction are defined by Article III Section 2 of the U.S. Constitution. Federal courts' actual subject-matter jurisdiction derives from Congressional enabling statutes, such as 28 U.S.C. §§ 1330-1369 and 28 U.S.C. §§ 1441-1452. The United States Congress
has not extended federal courts' subject-matter jurisdiction to its constitutional limits. For example, the amount-in-controversy requirement for diversity jurisdiction
is based on 28 U.S.C. § 1332, not a constitutional restriction. Moreover, Congress could constitutionally overrule the complete-diversity rule in diversity cases.
By far the most important two categories of federal subject-matter jurisdiction in non-criminal cases are federal question jurisdiction
and diversity jurisdiction. The enabling statute for federal question jurisdiction, 28 U.S.C. § 1331, provides that the district courts have subject-matter jurisdiction in all civil actions arising under the Constitution, laws, or treaties of the United States. As mentioned before, this jurisdiction is ordinarily not exclusive; states too can hear claims based on federal law. The enabling statute for diversity jurisdiction, 28 U.S.C. § 1332, grants the district courts jurisdiction in an action that meets two basic conditions:
Federal courts also have removal jurisdiction
, which is the authority to try cases removed by defendants from state courts. The contours of removal jurisdiction are almost identical to those of original jurisdiction. See removal jurisdiction
for more information.
According to Rule 12(h)(3) of the Federal Rules of Civil Procedure
, a federal court has the authority to dismiss a case for lack of subject-matter jurisdiction upon motion of a party or sua sponte
, upon its own initiative.http://www.law.cornell.edu/rules/frcp/Rule12.htm
In federal criminal cases (offenses against the laws of the United States), the federal district courts of the United States have subject matter jurisdiction granted under .
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
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.
Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction
Territorial jurisdiction
Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction over the events or persons within it, then the court cannot bind the defendant to an obligation...
, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity.
To decide a case, a court must have a combination of subject (subjectam) and either personal (personam) or territorial (locum) jurisdiction.
Subject-matter jurisdiction, personal or territorial jurisdiction, and adequate notice
Notice
Notice is the legal concept in which a party is made aware of a legal process affecting their rights, obligations or duties. There are several types of notice: public notice , actual notice, constructive notice, and implied notice....
are the three most fundamental constitutional requirements for a valid judgment.
State courts
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, many state court systems are divided into divisions such as criminal
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...
, civil law
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, family
Family court
A family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
, and probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
. A court within any one of those divisions would lack subject-matter jurisdiction to hear a case regarding matters assigned to another division. Most U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
court systems, however, include a superior court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...
that has "general" jurisdiction; that is, it is competent to hear any case over which no other tribunal has 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...
. Because the United States federal courts have 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...
over a very small percentage of cases (e.g., copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
and patent
Patent
A patent is a form of intellectual property. It consists of a set of exclusive rights granted by a sovereign state to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention....
disputes and bankruptcy matters), state courts have the authority to hear the vast majority of cases.
U.S. federal courts
Subject-matter jurisdiction is significantly more limited in United States federal courtsUnited 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:...
. The maximal constitutional bounds of federal courts' subject-matter jurisdiction are defined by Article III Section 2 of the U.S. Constitution. Federal courts' actual subject-matter jurisdiction derives from Congressional enabling statutes, such as 28 U.S.C. §§ 1330-1369 and 28 U.S.C. §§ 1441-1452. The United States 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 not extended federal courts' subject-matter jurisdiction to its constitutional limits. For example, the amount-in-controversy requirement for diversity jurisdiction
Diversity jurisdiction
In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court has the power to hear a civil case where the persons that are parties are "diverse" in citizenship, which generally indicates that they are...
is based on 28 U.S.C. § 1332, not a constitutional restriction. Moreover, Congress could constitutionally overrule the complete-diversity rule in diversity cases.
By far the most important two categories of federal subject-matter jurisdiction in non-criminal cases are federal question jurisdiction
Federal question jurisdiction
Federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject-matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution or law of the...
and diversity jurisdiction. The enabling statute for federal question jurisdiction, 28 U.S.C. § 1331, provides that the district courts have subject-matter jurisdiction in all civil actions arising under the Constitution, laws, or treaties of the United States. As mentioned before, this jurisdiction is ordinarily not exclusive; states too can hear claims based on federal law. The enabling statute for diversity jurisdiction, 28 U.S.C. § 1332, grants the district courts jurisdiction in an action that meets two basic conditions:
- Complete diversity requirement. No defendant is a citizen of the same state as any plaintiff.
- Amount in controversy requirement. The matter in controversy exceeds $75,000.
Federal courts also have removal jurisdiction
Removal jurisdiction
In the United States, removal jurisdiction refers to the right of a defendant to move a lawsuit filed in state court to the federal district court for the federal judicial district in which the state court sits. This is a general exception to the usual American rule giving the plaintiff the right...
, which is the authority to try cases removed by defendants from state courts. The contours of removal jurisdiction are almost identical to those of original jurisdiction. See removal jurisdiction
Removal jurisdiction
In the United States, removal jurisdiction refers to the right of a defendant to move a lawsuit filed in state court to the federal district court for the federal judicial district in which the state court sits. This is a general exception to the usual American rule giving the plaintiff the right...
for more information.
According to Rule 12(h)(3) of the Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
, a federal court has the authority to dismiss a case for lack of subject-matter jurisdiction upon motion of a party or sua sponte
Sua sponte
In law, sua sponte describes an act of authority taken without formal prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties...
, upon its own initiative.http://www.law.cornell.edu/rules/frcp/Rule12.htm
In federal criminal cases (offenses against the laws of the United States), the federal district courts of the United States have subject matter jurisdiction granted under .