Jurisdiction Law

Lawyers Guide

The writers of the U.S. Constitution created jurisdiction- meaning certain issues are handled by state government, while some are handled by the federal government. In this guide, learn which cases are handled by which form of government and how this translates in court.

  • ContentFederal, State, or Local: Who has Jurisdiction?

    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?

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  • ContentCrime Taking Place in Two States - Can Each State Prosecute It?

    In usual situations, it is possible to prosecute a person for the same crime in multiple states because of separate sovereigns that exist in the different locations. When this occurs, the individual will need assistance with a lawyer that understands multiple jurisdictional matters and how to face more than one criminal case simultaneously.

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  • ContentAcquiring Personal Jurisdiction in a Military Divorce Case

    Military divorce cases tend to be more complicated than other types of divorce cases. One of the primary areas of concern and contention is achieving jurisdiction over the service member, the military pension, child custody and child support. Federal and state laws impact these factors.

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  • ContentJurisdiction Issues Raised in Child Sex Trafficking Case

    Consider the case of a man from Missouri who was charged with child sex trafficking in the disappearance of a developmentally delayed girl from Massachusetts. After a time, the girl was found safe in Rhode Island. Cases such as these raise a number of questions, including which state has jurisdiction, which laws apply, and what can be done.

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  • ContentJurisdiction and Same Sex Divorce

    The same-sex divorce often depends on which state has jurisdiction over these matters such as where the couple originally received the marriage certificate and became legally wed. Other matters may place one or both spouses back in the state to end the relationship legally with the rules that apply and when the state has jurisdiction over the divorce.

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  • ContentFiling a Small Claim When the Subject Matter Is in a Different State

    Small claims courts provide an abbreviated version of litigating a case when parties are involved in a dispute. However, there are limitations of when these courts can be accessed. Each jurisdiction has its own unique rules regarding small claims cases.

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  • ContentCan I Waive Extradition?

    Extradition is the process of transporting a fugitive who is currently in one jurisdiction to another jurisdiction. This often happens when there is a warrant for the individual and the home jurisdiction wants to try the defendant. If the individual chooses to waive extradition or challenge the process, it is important to know what the consequences are and how they can affect his or her case.

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