Misplaced Pages

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20-454: The court was a court of first instance . Its judicial duties were mainly to settle criminal cases and to resolve civil litigation as well as bankruptcy . The administration and registration tasks of the court included death registration, issuing certain certificates, performing duties of a notary public , and officiating civil wedding ceremonies. Cases from this court were heard by a combination of professional judges and lay judges . In 1798,

40-507: A 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

60-468: 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. The subject matter jurisdiction of state courts and federal courts in

80-407: Is a court having original jurisdiction , in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review ( appellate courts ). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, evidence and testimony are admitted under

100-405: Is a legal doctrine holding that a court can only hear and decide cases of a particular type (i.e., cases relating to a specific subject matter). The subject matter jurisdiction of a court may be described as either limited jurisdiction , meaning it is able to hear only certain types of cases, or general jurisdiction , meaning it is presumed able to hear and decide all types of cases. For instance,

120-582: Is primarily an appellate court, but has original jurisdiction in cases involving a diplomatic official or a state. Because different U.S. states apply different names to their courts, it is often not evident whether a court has general or limited jurisdiction or indeed is a trial court at all. For instance, the Maine District Court is a court of limited jurisdiction, but the Nevada District Courts are courts of general jurisdiction. Likewise,

140-598: Is significantly more limited in United States federal courts . 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,

160-781: The Delaware Court of Common Pleas is a court of limited jurisdiction, but the Pennsylvania Courts of Common Pleas are courts of general jurisdiction. Similarly, the California Superior Courts are trial courts of general jurisdiction, but the Superior Court of Pennsylvania is an appellate court, and the New Jersey Superior Court is both. Subject-matter jurisdiction Subject-matter jurisdiction , also called jurisdiction ratione materiae ,

180-517: The United States Tax Court in the federal judiciary) or by other means, such as small claims courts in many states for civil cases with a low amount in controversy . Other trials do not take place in courts at all, but in quasi-judicial bodies or in administrative agencies with adjudicatory power created by statute to make binding determinations with simplified procedural practices, such as arbitration . The United States Supreme Court

200-611: 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, which predominantly holds that each plaintiff must be a citizen of a different state than each defendant. The two primary categories of federal subject-matter jurisdiction in civil cases are federal question jurisdiction and diversity jurisdiction. The enabling statute for federal question jurisdiction, 28 U.S.C.   § 1331 , provides that

220-625: The federal judiciary ; each state has a system establishing trial courts of general jurisdiction, such as the circuit courts in Florida, the superior courts in California, and the New York Supreme Court in New York state. Most trial courts are courts of record , where the record of the presentation of evidence is created and must be maintained or transmitted to the appellate court. The record of

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240-412: The rules of evidence established by applicable procedural law and determinations called findings of fact are made based on the evidence. The court, presided over by one or more judges , makes findings of law based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials , the jury acts as trier of fact . In some cases,

260-651: The Søre Sunnmøre District Court to the Sunnmøre District Court. On 26 April 2021, this court was merged with the Søre Sunnmøre District Court , Romsdal District Court , and Nordmøre District Court to create the new Møre og Romsdal District Court . This Norwegian government -related article is a stub . You can help Misplaced Pages by expanding it . Court of first instance A trial court or court of first instance

280-633: The United States often overlaps. Many types of cases can be heard either in state or federal courts. However, the federal courts are all courts of limited jurisdiction , while most states have both courts of limited jurisdiction and courts of general jurisdiction . Most U.S. state court systems include a superior court that has "general" jurisdiction; that is, it is competent to hear any case over which no other state or federal court has exclusive jurisdiction . (Superior Courts might nonetheless organize themselves into specialized departments or divisions,

300-420: The court as a whole still has general jurisdiction.) Because the percentage of claims over which the United States federal courts have exclusive jurisdiction , such as copyright disputes, patent disputes, and United States bankruptcy court disputes, makes up a small percentage of overall cases, state courts have the authority to hear the vast majority state and federal of cases. Subject-matter jurisdiction

320-600: The district courts have original jurisdiction in all civil actions arising under the Constitution, laws, or treaties of the United States . As mentioned before, this jurisdiction by default is not exclusive; states can also hear claims based on federal law. The enabling statute for diversity jurisdiction, 28 U.S.C. § 1332, grants the district courts jurisdiction in a most types of actions, so long as they meet two basic conditions: Federal courts separately may exert diversity jurisdiction over class action cases so long as they meet

340-413: The judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial . In the United States, a trial court of general jurisdiction is authorized to hear some type of civil or criminal case that is not committed exclusively to another court. The United States district courts are the trial courts of general jurisdiction of

360-543: The jurisdictional requirements of the Class Action Fairness Act of 2005 , namely: 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. According to Rule 12(b)(1) of the Federal Rules of Civil Procedure , a federal court has the authority to dismiss

380-446: The old Sunnmøre district court was divided into Søre Sunnmøre District Court (based in Volda ) and Nordre Sunnmøre District Court (based in Ålesund ). The northern area roughly corresponded to the present day Sunnmøre District Court. The name of the northern court was later changed to simply Sunnmøre District Court. In 1967, the municipalities of Ulstein and Hareid were transferred from

400-422: The trial court is certified by the clerk of the trial court and transmitted to the appellate body. Not all cases are heard in trial courts of general jurisdiction. A trial court of limited jurisdiction is authorized to hear only specified types of cases. Trial courts of limited jurisdiction may be limited in subject-matter jurisdiction (such as juvenile , probate , and family courts in many U.S. states, or

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