Limited jurisdiction, or special jurisdiction, is the court's

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 ...

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 deb ...

, and

family matters ''Family Matters'' is an American television sitcom that originally aired on ABC for eight seasons from September 22, 1989, to May 9, 1997, then moved to CBS for its ninth and final season from September 19, 1997, to July 17, 1998. A spin-of ...

. Courts of limited jurisdiction, as opposed to

general jurisdiction A court of general jurisdiction, in the law of the United States, is a court with authority to hear cases in law and in Equity (law), equity of all kinds – criminal law, criminal, civil law (common law), civil, family law, family, probate, and oth ...

, 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, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

or a

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

. 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 case wherein the defendant is tried for reasons considered ''politically motivated''—that is, those with varying degrees of opposition to government policy—in order to effectively silence or discredit them. It gen ...

denies the basic principles of the

due process of law Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a 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 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 ...

, 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 judiciary of the United States, federal trial court court of record, of record established by US Congress, Congress under Article One of the United States Constitution, Article ...

, the

U.S. Court of Federal Claims 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 states and a federal capital district, Washington, D.C. The 48 contiguous ...

, the U.S. Court of International Trade, and the U.S. Court of Military Appeals. Courts of limited jurisdiction exist in

Spain Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...

and in many Latin American countries, such as

Mexico Mexico, officially the United Mexican States, is a country in North America. It is the northernmost country in Latin America, and borders the United States to the north, and Guatemala and Belize to the southeast; while having maritime boundar ...

Chile Chile, officially the Republic of Chile, is a country in western South America. It is the southernmost country in the world and the closest to Antarctica, stretching along a narrow strip of land between the Andes, Andes Mountains and the Paci ...

Venezuela Venezuela, officially the Bolivarian Republic of Venezuela, is a country on the northern coast of South America, consisting of a continental landmass and many Federal Dependencies of Venezuela, islands and islets in the Caribbean Sea. It com ...

and

Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...

". Within state court systems of the United States, there are many types of limited jurisdiction courts. Limited jurisdiction court systems across the states vary widely from one another. Most state courts of limited jurisdiction hear

criminal In ordinary language, a crime is an unlawful act punishable by a State (polity), state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definiti ...

probate In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the e ...

, juvenile, or

domestic relations In the common law tradition, the law of domestic relations is a broad category that encompasses: * divorce; * property settlements; * alimony, spousal support, or other maintenance; * the establishment of Paternity (law), paternity; * the establ ...

cases.Silbey, Susan S. ''What the Lower Courts Do: The Work and Role of Courts of Limited Jurisdiction'', US Department of Justice, Federal Justice Research Program, Office for Improvements in the Administration of Justice, 1979.

References

Jurisdiction {{law-stub

Differences

Examples

See also

References