Federal, State, or Local: Who has Jurisdiction?
Provided by HG.org
We often discuss jurisdiction, or hear it used in TV crime shows, but what does “jurisdiction” mean? For that matter, when is something a federal, state, or local matter and who can enforce which laws? How is this determined?
The primary distinctions between areas of jurisdiction are codified at a national level as part of the U.S. Constitution. The framers of the Constitution set aside certain rights and obligations as things that should be handled by state governments while others needed to be handled by the federal government. While this has fluctuated some over time, the general boundaries between jurisdictions remain the same and usually depend on whether something is of national importance (like interstate commerce) or local concern (like setting local speed limits).
Different states do not have jurisdiction over one another. When originally set up, the United States were supposed to be just that: a loose confederation of separate countries. Over time, we have come to see ourselves as one nation, but this is why each state has its own laws and why they can vary so widely between the states. For example, in some states there are no state level income taxes but in others there are. There are a huge number of other examples, but generally, just because something is a law in one state does not mean that it will be the same in another state. This is also part of the reason why attorneys from one state are not automatically licensed to practice in another or able to help people living in a different state.
Beyond that, most states also use a similar model to the federal system, allowing local municipalities to handle matters that are uniquely local. For example, most zoning issues, local parking regulations, and a number of other ordinances affecting only those within a particular county, parish, or municipality are handled on a local level rather than a state level.
Courts' jurisdiction, on the other hand, is a little more complicated. In many instances, state courts can hear matters of federal law, and federal courts can hear matters of state law, provided, in both instances, that certain conditions are met. State courts often limit their jurisdiction based on the amount in question or the types of claims brought. So, for example, lawsuits over amounts of less than $15,000 might be limited to a lower trial court, while claims above that amount will go to another. Similarly, misdemeanor criminal charges may be handled by one court, while felony charges are handled by a higher court. Generally, a higher court can hear included matters of lower jurisdiction provided it is part of the case that brought the case into the higher jurisdiction. So a misdemeanor could be heard by a felony court if it was part of the same criminal case, but the opposite is usually not true, so the lower court could not hear a felony case.
Federal courts, on the other hand, usually only have jurisdiction in one of two instances: when a federal question is presented or when there is a diversity of citizenship among the parties. Federal question is just what it sounds like: a federal law provides for the suit, and the amount in controversy exceeds a certain dollar amount (currently $75,000). Federal courts can also handle criminal matters related to federal laws, such as drug trafficking laws. Federal courts can also hear civil cases where there is a diversity of citizenship, meaning that various parties are from different states, such that it would be unfair to bring a case in the courts of one particular state for fear of preferential treatment by the home court.
Beyond this type of jurisdiction, we have appellate courts. Generally, if a trial court is accused of committing an error in rendering a decision an appeal may be taken by one of the parties to a supervising court. Certain courts, particularly the United States Supreme Court and most state supreme courts, have discretionary jurisdiction, meaning that they can choose which cases to hear from among all the cases presented on appeal. Such courts generally only choose to hear cases that would settle important and controversial points of law. Though these courts have discretion to deny cases they otherwise could adjudicate, no court has the discretion to hear a case that falls outside of its subject-matter jurisdiction.
Aside from traditional courts, there are also other institutions that can bring quasi-judicial proceedings to enforce certain laws or rules. These are generally referred to as administrative bodies, and can include both state and federal agencies such as the Federal Communications Commission, the Securities and Exchange Commission, local code enforcement boards, state licensing agencies, and many others. These agencies have jurisdiction as set forth by the laws that create the organization to enforce whatever rules and regulations they are authorized to enact and enforce. These agencies' jurisdiction is usually limited to the jurisdiction of whichever body created the law that authorized its existence, so if it is a federal agency, it can only regulate federal matters, a state agency can only regulate activities in that state, and local agencies can only govern local matters.
Because various police agencies are simply administrative bodies empowered to use force to enforce legal requirements, they are also bound by the jurisdiction of whichever agency they work for, which is bound by the jurisdiction of the government that created the agency. So, local police usually have jurisdiction over crimes within that city, sheriffs have jurisdiction over the county, state troopers have jurisdiction over state roads and state-wide crimes, and federal policing agencies have jurisdiction over federal level crimes.
As you can see, the term “jurisdiction” can mean a lot of different things in a lot of different settings. For that reason, if you have questions about the various types of jurisdiction that can apply to your case, you should contact a local attorney who can advise you as to the laws related to your particular question.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Different states do not have jurisdiction over one another. When originally set up, the United States were supposed to be just that: a loose confederation of separate countries. Over time, we have come to see ourselves as one nation, but this is why each state has its own laws and why they can vary so widely between the states. For example, in some states there are no state level income taxes but in others there are. There are a huge number of other examples, but generally, just because something is a law in one state does not mean that it will be the same in another state. This is also part of the reason why attorneys from one state are not automatically licensed to practice in another or able to help people living in a different state.
Beyond that, most states also use a similar model to the federal system, allowing local municipalities to handle matters that are uniquely local. For example, most zoning issues, local parking regulations, and a number of other ordinances affecting only those within a particular county, parish, or municipality are handled on a local level rather than a state level.
Courts' jurisdiction, on the other hand, is a little more complicated. In many instances, state courts can hear matters of federal law, and federal courts can hear matters of state law, provided, in both instances, that certain conditions are met. State courts often limit their jurisdiction based on the amount in question or the types of claims brought. So, for example, lawsuits over amounts of less than $15,000 might be limited to a lower trial court, while claims above that amount will go to another. Similarly, misdemeanor criminal charges may be handled by one court, while felony charges are handled by a higher court. Generally, a higher court can hear included matters of lower jurisdiction provided it is part of the case that brought the case into the higher jurisdiction. So a misdemeanor could be heard by a felony court if it was part of the same criminal case, but the opposite is usually not true, so the lower court could not hear a felony case.
Federal courts, on the other hand, usually only have jurisdiction in one of two instances: when a federal question is presented or when there is a diversity of citizenship among the parties. Federal question is just what it sounds like: a federal law provides for the suit, and the amount in controversy exceeds a certain dollar amount (currently $75,000). Federal courts can also handle criminal matters related to federal laws, such as drug trafficking laws. Federal courts can also hear civil cases where there is a diversity of citizenship, meaning that various parties are from different states, such that it would be unfair to bring a case in the courts of one particular state for fear of preferential treatment by the home court.
Beyond this type of jurisdiction, we have appellate courts. Generally, if a trial court is accused of committing an error in rendering a decision an appeal may be taken by one of the parties to a supervising court. Certain courts, particularly the United States Supreme Court and most state supreme courts, have discretionary jurisdiction, meaning that they can choose which cases to hear from among all the cases presented on appeal. Such courts generally only choose to hear cases that would settle important and controversial points of law. Though these courts have discretion to deny cases they otherwise could adjudicate, no court has the discretion to hear a case that falls outside of its subject-matter jurisdiction.
Aside from traditional courts, there are also other institutions that can bring quasi-judicial proceedings to enforce certain laws or rules. These are generally referred to as administrative bodies, and can include both state and federal agencies such as the Federal Communications Commission, the Securities and Exchange Commission, local code enforcement boards, state licensing agencies, and many others. These agencies have jurisdiction as set forth by the laws that create the organization to enforce whatever rules and regulations they are authorized to enact and enforce. These agencies' jurisdiction is usually limited to the jurisdiction of whichever body created the law that authorized its existence, so if it is a federal agency, it can only regulate federal matters, a state agency can only regulate activities in that state, and local agencies can only govern local matters.
Because various police agencies are simply administrative bodies empowered to use force to enforce legal requirements, they are also bound by the jurisdiction of whichever agency they work for, which is bound by the jurisdiction of the government that created the agency. So, local police usually have jurisdiction over crimes within that city, sheriffs have jurisdiction over the county, state troopers have jurisdiction over state roads and state-wide crimes, and federal policing agencies have jurisdiction over federal level crimes.
As you can see, the term “jurisdiction” can mean a lot of different things in a lot of different settings. For that reason, if you have questions about the various types of jurisdiction that can apply to your case, you should contact a local attorney who can advise you as to the laws related to your particular question.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
