competence and jurisdiction
- competence and jurisdiction
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in law, the authority of a court to deal with specific matters. Competence refers to the legal “ability” of a court to exert jurisdiction over a person or a “thing” (
property) that is the subject of a suit. Jurisdiction, that which a competent court may exert, is the power to hear and determine a suit in court. Jurisdiction also may be defined as an authority conferred upon a court (thus making it competent) to hear and determine cases and causes. Jurisdictional authority is constitutionally determined.
Examples of judicial jurisdiction include appellate jurisdiction, in which a superior tribunal is invested with the legal power to correct, if it so decides, legal errors made in a lower court; concurrent jurisdiction, in which jurisdiction may be exercised by two or more courts over the same matter, within the same area, and at such time as the suit might be brought to either court for original determination; and original jurisdiction, in which the court holds the first trial in a matter.
As a court also may be vested with the authority to handle matters within a certain territory, geographic distinctions are important, especially in cases when a court must decide whether opposing parties have a sufficient relationship with the geographic area in which the court has jurisdiction (in which it is competent to hear and determine the case). For example, if a court has appellate jurisdiction, the case must have passed through the necessary preliminary stages before being eligible for consideration by that court.
In the United States, jurisdiction is largely personal. If a defendant, either a person or a corporation (a legal person), can be served with a
subpoena to appear, the court may become involved in the case. In common-law (
common law) countries, if personal jurisdiction is impossible to achieve, then jurisdiction may be based on the ownership of property. In such cases only a person's property rights are involved, not his individual liberties.
In civil-law (
civil law) systems jurisdiction varies: in France the courts will enter a case if at least one party is a French national; in Italy some Italian link must be shown by a nonnational for jurisdiction to be exercised; and in Germany and Austria, by contrast, the location of property often determines jurisdiction.
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Universalium.
2010.
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