Limited jurisdiction, or special jurisdiction, is the court's
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.
Jur ...
only on certain types of cases such as
bankruptcy
Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor ...
, and
family matters
''Family Matters'' is an American television sitcom that debuted on ABC on September 22, 1989, and ended on May 9, 1997. However it moved to CBS, where it was shown from September 19, 1997, to July 17, 1998. A spin-off of '' Perfect Strangers ...
.
Courts of limited jurisdiction, as opposed to
general jurisdiction
{{Globalize, article, USA, 2name=the United States, date=December 2010
A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth.
United States
All federal courts ar ...
, derive power from an issuing authority, such as a
constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
or a
statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
. Special jurisdiction courts must demonstrate that they are authorized to exert jurisdiction under their issuing authority. In contrast, general jurisdiction courts need only to demonstrate that they may assert in
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 a party.
Differences
Sometimes the term "special courts" is used to refer to courts of limited
jurisdiction: "Special courts" has unfortunate connotations, however, because the
designation is often given by totalitarian governments to tribunals set up to persecute government opponents or otherwise help commit human rights abuses. That is a different kind of justice: not because it does not confer upon courts the power to hear only certain types of cases; but above all because a
political trial A political trial is a criminal trial with political implications. When the trial is carried out without the minimum guarantees of the rule of law, the political trial is the expression of a totalitarian or authoritarian system, where the administra ...
denies the basic principles of the
due process of law.
Examples
Courts of limited jurisdiction "exist in virtually all modern
nations. 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 states, a federal district, five major unincorporated territorie ...
, for instance, the federal court system
includes several important courts of limited jurisdiction, including
the
U.S. Tax Court
The United States Tax Court (in case citations, T.C.) is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides (in part) that the Congress has the power to "constitute Trib ...
, the
U.S. Court of Federal Claims, the U.S. Court
of International Trade, and the
U.S. Court of Military Appeals.
Courts of limited jurisdiction exist in
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
and in many Latin
American countries, such as
Mexico
Mexico (Spanish: México), officially the United Mexican States, is a country in the southern portion of North America. It is bordered to the north by the United States; to the south and west by the Pacific Ocean; to the southeast by Guatema ...
,
Chile
Chile, officially the Republic of Chile, is a country in the western part of South America. It is the southernmost country in the world, and the closest to Antarctica, occupying a long and narrow strip of land between the Andes to the east a ...
,
Venezuela
Venezuela (; ), officially the Bolivarian Republic of Venezuela ( es, link=no, República Bolivariana de Venezuela), is a country on the northern coast of South America, consisting of a continental landmass and many islands and islets in th ...
and
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
".
[Travieso-Diaz, Matias F., Musa, Armando A., ''Courts of Limited Jurisdiction in a Post-Transition Cuba'', 39 Vand. J. Transnat'l L. 125 (2006), p. 127.]
See also
*
Specialized court
Specialized court is a type of court with limited subject-matter jurisdiction concerning particular field of law, compared to 'ordinary court' with general subject-matter jurisdiction. This concept of court usually includes administrative cour ...
*
General jurisdiction
{{Globalize, article, USA, 2name=the United States, date=December 2010
A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal, civil, family, probate, and so forth.
United States
All federal courts ar ...
References
Jurisdiction
{{law-stub