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Federal jurisdiction refers to the legal scope of the
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government i ...
's powers in the
United States of America 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 territo ...
. The United States is a
federal republic A federal republic is a federation of states with a republican form of government. At its core, the literal meaning of the word republic when used to reference a form of government means: "a country that is governed by elected representatives ...
, governed by the U.S. Constitution, containing fifty states and a
federal district A federal district is a type of administrative division of a federation, usually under the direct control of a federal government and organized sometimes with a single municipal body. Federal districts often include capital districts, and they ...
which elect the
President President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
and
Vice President A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on ...
, and having other territories and possessions in its national
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. J ...
. This government is variously known as the Union, the United States, or the
federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government ( federalism). In a federation, the self-gover ...
. Under the Constitution and various treaties, the legal jurisdiction of the United States includes territories and
territorial waters The term territorial waters is sometimes used informally to refer to any area of water over which a sovereign state has jurisdiction, including internal waters, the territorial sea, the contiguous zone, the exclusive economic zone, and potent ...
.


Legislative Branch

One aspect of federal jurisdiction is the extent of legislative power. Under the
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 entity and commonly determine how that entity is to be governed. When these pr ...
,
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...
has power to legislate only in the areas that are delegated to it. Under clause 17 Article I Section 8 of the Constitution however, Congress has power to "exercise exclusive Legislation in all cases whatsoever" over the federal district ( Washington, D.C.) and other territory ceded to the federal government by the states, such as for military installations. Federal jurisdiction in this sense is important in
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...
because federal law does not supersede state criminal law. Congress has enacted the Assimilative Crimes Act (), which provides that any act that would have been a crime under the laws of the state in which a federal enclave is situated is also a federal crime. As most such enclaves are occupied by the military,
military law Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodie ...
is especially concerned with these enclaves, especially the issue of establishing who has jurisdiction and what type of jurisdiction. In such areas, the federal government may have proprietary jurisdiction (rights as landowner), concurrent jurisdiction (with federal and state law applicable), or exclusive jurisdiction over the land where an act was committed.
Courts-martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
involving military members subject to the
Uniform Code of Military Justice The Uniform Code of Military Justice (UCMJ, 10 U.S.C. §§ 801–946 is the foundation of Military justice, military law in the United States. It was established by the United States Congress in accordance with the authority given by the United S ...
apply regardless of location.
Article Four of the United States Constitution Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and admin ...
also states that the Congress has the power to enact laws ''respecting the Territory or other Property belonging to the United States.'' Federal jurisdiction exists over any territory thus subject to laws enacted by the Congress.


Judicial branch

The American legal system includes both state courts and federal courts. State courts hear cases involving state law, and such federal laws as are not restricted to hearing in federal courts. Federal courts may only hear cases where federal jurisdiction can be established. Specifically, the court must have both
subject-matter jurisdiction Subject-matter jurisdiction (also called jurisdiction ''ratione materiae')'' is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority ...
over the matter of the claim and
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 parties. The Federal Courts are courts of limited jurisdiction, meaning that they only exercise powers granted to them by the Constitution and Federal Laws. There are several forms of subject-matter jurisdiction, but the two most commonly appealed to are federal-question jurisdiction and
diversity jurisdiction In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction that gives U.S. federal courts the power to hear lawsuits that do not involve a federal question. For a U.S. federal court to have diversity jurisd ...
. Federal question jurisdiction is available when the plaintiff raises a claim that arises under the laws, treaties, or Constitution of the United States, as opposed to claims arising under state law. By the "Well-Pleaded Complaint" rule, federal question jurisdiction is not available if the federal issue arises only as a defense to a state-law claim. Diversity jurisdiction, on the other hand, is available regarding state-law claims if every plaintiff is from a different state from every defendant (the requirement for so-called complete or total diversity) and the amount in controversy exceeds $75,000. If a Federal Court has subject matter jurisdiction over one or more of the claims in a case, it has discretion to exercise ancillary jurisdiction over other state law claims. The Supreme Court has "cautioned that ... Court must take great care to 'resist the temptation' to express preferences about ertain types of casesin the form of jurisdictional rules. Judges must strain to remove the influence of the merits from their jurisdictional rules. The law of jurisdiction must remain apart from the world upon which it operates".A. Althouse, ''Standing, in Fluffy Slippers'', 77 Va. L. Rev 1177, 1189 (1991) (characterizing the Supreme Court's decision in ''Whitmore v. Arkansas''
495 U.S. 149
(1990).
Generally, when a case has successfully overcome the hurdles of
standing Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
, Case or Controversy and State Action, it will be heard by a
trial court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
. The non-governmental party may raise claims or defenses relating to alleged constitutional violation(s) by the government. If the non-governmental party loses, the constitutional issue may form part of the
appeal In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ...
. Eventually, a petition for
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
may be sent to the Supreme Court. If the Supreme Court grants certiorari and accepts the case, it will receive written
briefs Briefs (or a brief) are a type of short, form-fitting underwear and swimwear, as opposed to styles where material extends down the thighs. Briefs have various different styles, usually with a waistband attached to fabric that runs along the pe ...
from each side (and any
amici curiae An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
or friends of the court—usually interested third parties with some expertise to bear on the subject) and schedule oral arguments. The
Justice Justice, in its broadest sense, is the principle that people receive that which they deserve, with the interpretation of what then constitutes "deserving" being impacted upon by numerous fields, with many differing viewpoints and perspective ...
s will closely question both parties. When the Court renders its decision, it will generally do so in a single
majority opinion In law, a majority opinion is a judicial opinion agreed to by more than half of the members of a court. A majority opinion sets forth the decision of the court and an explanation of the rationale behind the court's decision. Not all cases hav ...
and one or more
dissenting opinion A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are norm ...
s. Each opinion sets forth the facts, prior decisions, and legal reasoning behind the position taken. The majority opinion constitutes binding
precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great v ...
on all lower courts; when faced with very similar facts, they are bound to apply the same reasoning or face reversal of their decision by a higher court.


References


See also

*
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. J ...
*
Law of the United States The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as ...
*
Federalism Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments ( provincial, state, cantonal, territorial, or other sub-unit governments) in a single ...
* Territorial Clause - U.S. Const. art. IV, § 3, cl. 2 * Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, a 2016 Supreme Court case that ruled on federal jurisdiction issues in securities law cases. {{USArticleIII United States federal law United States civil procedure Jurisdiction