Special Jurisdiction
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Limited jurisdiction, or special jurisdiction, is the court's jurisdiction 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. Courts of limited jurisdiction, as opposed to general jurisdiction, derive power from an issuing authority, such as a constitution 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 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 denies the basic principles of the
due process of law Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
.


Examples

Courts of limited jurisdiction "exist in virtually all modern nations. In the United States, 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 United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, ...
, the U.S. Court of International Trade, and the
U.S. Court of Military Appeals The United States Court of Appeals for the Armed Forces (in case citations, C.A.A.F. or USCAAF) is an Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active duty and other pers ...
. Courts of limited jurisdiction exist in Spain and in many Latin American countries, such as Mexico, Chile, Venezuela and Brazil".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 * General jurisdiction


References

Jurisdiction {{law-stub