Concurrent jurisdiction exists where two or more

court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...

s from different systems simultaneously have

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

over a specific case.

United States

In the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

, state courts are presumed to have concurrent jurisdiction in federal matters, unless explicitly stated otherwise in the U.S. Constitution or in the particular federal statutory provision in issue. Concurrent jurisdiction also exists to the extent that the

United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...

permits federal courts to hear actions that can also be heard by state courts. For example, when a party from

Alabama Alabama ( ) is a U.S. state, state in the Southeastern United States, Southeastern and Deep South, Deep Southern regions of the United States. It borders Tennessee to the north, Georgia (U.S. state), Georgia to the east, Florida and the Gu ...

sues a party from

Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

for a breach of contract, the Alabama party can sue in an Alabama state court to the extent the defendant submits to jurisdiction, or federal court (under federal diversity jurisdiction), or in the state court located in Florida (under its personal jurisdiction over the defendant). 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 Title 28 (Judiciary and Judicial Procedure) is the portion of the United States Code (federal statutory law) that governs the Federal judiciary of the United States, federal judicial system. It is divided into six parts: * Part I: Organization ...

, 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 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...

, the Church expanded its jurisdiction in many areas of

Europe Europe is a continent located entirely in the Northern Hemisphere and mostly in the Eastern Hemisphere. It is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, the Mediterranean Sea to the south, and Asia to the east ...

widely beyond the original scope of

ecclesiastical court In organized Christianity, an ecclesiastical court, also called court Christian or court spiritual, is any of certain non-adversarial courts conducted by church-approved officials having jurisdiction mainly in spiritual or religious matters. Histo ...

s concerning spiritual or religious matters, thereby creating concurrent jurisdiction in many civil cases with the courts instituted by secular authorities.

References

{{North America topic, Law of Civil procedure Jurisdiction

United States

Medieval Catholic Church

See also

References