Concurrent jurisdiction exists where two or more
court
A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of justice in Civil law (common law), civil, C ...
s from different systems simultaneously have
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Ju ...
over a specific case. This situation leads to
forum shopping, as parties will try to have their
civil
Civil may refer to:
*Civic virtue, or civility
*Civil action, or lawsuit
* Civil affairs
*Civil and political rights
*Civil disobedience
*Civil engineering
*Civil (journalism), a platform for independent journalism
*Civilian, someone not a membe ...
or
criminal
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Ca ...
case heard in the court that they perceive will be most favorable to them.
United States
In the
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., federal district, five ma ...
, concurrent jurisdiction exists to the extent that the
United States Constitution permits
federal courts to hear actions that can also be heard by
state courts. For example, when a party from
Alabama
(We dare defend our rights)
, anthem = " Alabama"
, image_map = Alabama in United States.svg
, seat = Montgomery
, LargestCity = Huntsville
, LargestCounty = Baldwin County
, LargestMetro = Greater Birmingham
, area_total_km2 = 135,7 ...
sues a party from
Florida
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, a ...
for a
breach of contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other par ...
, the Alabama party can sue in either federal court (under its
diversity jurisdiction) or in the state court located in Florida (under its
personal jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the ...
over the defendant). Concurrent jurisdiction may also be created where the
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washi ...
, in creating a cause of action, permits the courts of the states to hear cases alleging that cause of action. For example, a state court may hear a claim for
trademark infringement
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may ...
under the
Lanham Act.
Concurrent jurisdiction in the United States can also exist between different levels of state courts, and between courts and other government agencies with judicial powers. Different countries can also share concurrent jurisdiction over a case, where different countries have authority over the parties or events giving rise to the cause of action.
Title 28 of the United States Code, sections 1331 & 1332 give federal courts concurrent jurisdiction with the state courts over federal question and diversity cases.
Medieval Catholic Church
In the
Middle Ages
In the history of Europe, the Middle Ages or medieval period lasted approximately from the late 5th to the late 15th centuries, similar to the post-classical period of global history. It began with the fall of the Western Roman Empire ...
, the
Church expanded its jurisdiction in many areas of
Europe
Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a subcontinent of Eurasia and it is located enti ...
widely beyond the original scope of
ecclesiastical court
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than ...
s concerning spiritual or religious matters, thereby creating concurrent jurisdiction in many civil cases with the courts instituted by
secular authorities.
See also
*''
Lis alibi pendens''
*
Original jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
India
In India, the Su ...
*
Condominium
A condominium (or condo for short) is an ownership structure whereby a building is divided into several units that are each separately owned, surrounded by common areas that are jointly owned. The term can be applied to the building or complex ...
References
{{North America topic, Law of
Civil procedure
Jurisdiction