Specialized
94-578: The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the judiciary of New York . It is vested with unlimited civil and criminal jurisdiction, although in many counties outside New York City it acts primarily as a court of civil jurisdiction, with most criminal matters handled in County Court . New York is the only state in the United States where
188-602: A country is recognized as de jure , it is an acknowledgment by the other de jure nations that the country has sovereignty and the right to exist. However, it is often at the discretion of each nation whether to co-operate or participate. If a nation does agree to participate in activities of the supranational bodies and accept decisions, the nation is giving up its sovereign authority and thereby allocating power to these bodies. Insofar as these bodies or nominated individuals may resolve disputes through judicial or quasi-judicial means, or promote treaty obligations in
282-727: A Commercial Division judge in Manhattan from 1996-2018, Justice Elizabeth Hazlitt Emerson served in the Suffolk County Commercial Division from 2002-2023, Justice Carolyn E. Demarest served in the Brooklyn, Kings County Commercial Division from its inception in 2002 through 2016, Justice Deborah Karalunas presided in the Onondaga County (Syracuse) Commercial Division from its inception in 2007 for over 15 years, Justice Eileen Bransten served in
376-650: A certain monetary amount (for example, $ 50,000 in New York City) that puts the claim beyond the jurisdiction of lower courts. Civil actions about lesser sums are heard by courts of limited jurisdiction, such as the New York City Civil Court , or the County Court , District Court , city courts, or justice courts (town and village courts) outside New York City. The Supreme Court also hears civil cases involving claims for equitable relief, such as injunctions, specific performance, or rescission of
470-473: A contract, as well as actions for a declaratory judgment . The Supreme Court also has exclusive jurisdiction of matrimonial actions, such as either contested or uncontested actions for a divorce or annulment . The court also has exclusive jurisdiction over "Article 78 proceedings" against a body or officer seeking to overturn an official determination on the grounds that it was arbitrary, capricious and unreasonable or contrary to law. At English Common Law,
564-848: A crime, as well as cases of alleged child abuse or neglect; serious crimes committed by 16 or 17 year old persons may be referred to the District Courts. Seven judges in the Appeals Court hear most criminal appeals from District Courts, all appeals from juvenile court and all domestic/divorce cases from District Court, as well as some cases transferred to them by the Supreme Court. The Supreme Court seats five judges who hear appeals on first-degree felonies (the most serious) including capital crimes, as well as all civil cases from District Court (excepting divorce/domestic cases). The Supreme Court also oversees cases involving interpretation of
658-485: A lower appellate court) has heard the matter. For example, in United States federal courts , the United States district courts have original jurisdiction over a number of different matters (as mentioned above), and the United States court of appeals have appellate jurisdiction over matters appealed from the district courts. The U.S. Supreme Court, in turn, has appellate jurisdiction (of a discretionary nature) over
752-414: A matter is brought before the courts in a way amounting to an abuse of process, a court recognising its jurisdiction is obliged to exercise it. But as Australia is a federal country, no court is vested with an unrestricted jurisdiction. Therefore, the rules of jurisdiction are used to determine the ambit of those restrictions upon the courts. This idea of restrictions on jurisdiction is well illustrated by
846-512: A member nation if that member nation asserts its sovereignty and withdraws from the union. The standard treaties and conventions leave the issue of implementation to each nation, i.e. there is no general rule in international law that treaties have direct effect in municipal law , but some nations, by virtue of their membership of supranational bodies, allow the direct incorporation of rights or enact legislation to honor their international commitments. Hence, citizens in those nations can invoke
940-419: A person. There is no hierarchy when it comes to any of the principles. States must therefore work together to solve issues of who may exercise their jurisdiction when it comes to issues of multiple principles being allowed. The principles are Territorial Principle, Nationality Principle, Passive Personality Principle, Protective Principle, Universality Principle Territorial principle : This principle states that
1034-523: A prejudicial impact upon the State. It is especially used when it comes to matters of national security. Universality principle : This is the broadest of all the principles. The basis is that a State has the right, sometimes even the obligation, to exercise jurisdiction when it comes to the most serious violations of international criminal law; for example genocide , crimes against humanity , extrajudicial executions , war crimes , torture , and forced disappearances . This principle also goes further than
SECTION 10
#17327866149301128-492: A regional level, groups of nations can create political and legal bodies with sometimes complicated patchworks of overlapping provisions detailing the jurisdictional relationships between the member states and providing for some degree of harmonization between their national legislative and judicial functions, for example, the European Union and African Union both have the potential to become federated nations although
1222-641: A state and citizens of another state, lawsuits involving citizens of different states, and against foreign states and citizens. Certain courts, particularly the United States Supreme Court and most state supreme courts , have discretionary jurisdiction , meaning that they can choose which cases to hear from among all the cases presented on appeal. Such courts generally only choose to hear cases that would settle important and controversial points of law. Though these courts have discretion to deny cases they otherwise could adjudicate, no court has
1316-741: Is authorized to hear only specified types of cases. Trial courts of limited jurisdiction may be limited in subject-matter jurisdiction (such as juvenile , probate , and family courts in many U.S. states, or the United States Tax Court in the federal judiciary) or by other means, such as small claims courts in many states for civil cases with a low amount in controversy . Other trials do not take place in courts at all, but in quasi-judicial bodies or in administrative agencies with adjudicatory power created by statute to make binding determinations with simplified procedural practices, such as arbitration . The United States Supreme Court
1410-517: Is created by the states’ constitutions and is further delineated by legislation passed by their respective parliaments. In the Constitution of Queensland 2001 (QLD), it is written at s58(1) that the Supreme Court of the state has all jurisdiction necessary for the administration of justice in Queensland . That is the extent of its jurisdiction. In New South Wales , the courts’ jurisdiction
1504-545: Is divided into thirteen judicial districts: seven upstate districts each comprising between five and eleven counties, five districts corresponding to the boroughs of New York City, and one district on Long Island. In each judicial district outside New York City, an Administrator (or Administrative Judge if a judge) is responsible for supervising all courts and agencies, while inside New York City an Administrator (or Administrative Judge) supervises each major court. Administrators are assisted by Supervising Judges who are responsible in
1598-425: Is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction . In U.S. federal courts, courts must consider subject matter jurisdiction sua sponte and therefore recognize their own lack of jurisdiction even if neither party has raised
1692-515: Is not exclusive to the Australian federal court system, parties involved in international disputes will already be familiar with that concept. However, the threshold for intra-Australia transfer is notably lower than that pertaining to international transfer . The word "jurisdiction" is also used, especially in informal writing, to refer to a state or political subdivision generally, or to its government, rather than to its legal authority. In
1786-564: Is not mentioned in the constitution. Instead, the state’s legislature is empowered to make laws for the peace, welfare, and good governance of New South Wales. Amongst these laws, it is stated in section 23 of the Supreme Court Act 1970 (NSW) that the Supreme Court shall have all jurisdiction necessary for the administration of justice in NSW. In Victoria , that same power is conferred by section 85(1) of its constitution. In summary,
1880-469: Is not required to grant certification even if judges are capable. In 2020, for example, OCA denied certification to 46 of the 49 judges who applied for it, citing budget cuts and a hiring freeze. These additional six years of service are available only for elected Supreme Court Justices, not for "Acting" Justices whose election or appointments were to lower courts. A referendum to increase the retirement age to 80 for Supreme Court and Court of Appeals judges
1974-601: Is primarily an appellate court, but has original jurisdiction in cases involving a diplomatic official or a state. Because different U.S. states apply different names to their courts, it is often not evident whether a court has general or limited jurisdiction or indeed is a trial court at all. For instance, the Maine District Court is a court of limited jurisdiction, but the Nevada District Courts are courts of general jurisdiction. Likewise,
SECTION 20
#17327866149302068-404: Is referred to as a bench trial . In the United States, a trial court of general jurisdiction is authorized to hear some type of civil or criminal case that is not committed exclusively to another court. The United States district courts are the trial courts of general jurisdiction of the federal judiciary ; each state has a system establishing trial courts of general jurisdiction, such as
2162-592: Is similar to the Nationality Principle, except you are exercising jurisdiction against a foreign national that has committed a criminal act against its own national. The idea is that a State has a duty to protect its nationals and therefore if someone harms their nationals that State has the right to prosecute the accused. Protective principle : This principle allows States to exercise jurisdiction when it comes to foreign nationals for acts committed outside their territory that have or are intended to have
2256-438: 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 levels (e.g., local, state , and federal). Jurisdiction draws its substance from international law , conflict of laws , constitutional law , and the powers of the executive and legislative branches of government to allocate resources to best serve
2350-525: Is useful to determine what questions a court may answer in examining a matter before it. Original jurisdiction permits courts to answer all questions of law and fact when a matter is brought before them for the first time (for practical reasons, courts hearing appeals from administrative bodies will also exercise original jurisdiction, this does not subvert the rule). Appellate jurisdiction is corrective in nature. There, courts examine how lower previous decision-makers answered questions of law, whether an error
2444-817: The Delaware Court of Common Pleas is a court of limited jurisdiction, but the Pennsylvania Courts of Common Pleas are courts of general jurisdiction. Similarly, the California Superior Courts are trial courts of general jurisdiction, but the Superior Court of Pennsylvania is an appellate court, and the New Jersey Superior Court is both. Jurisdiction Jurisdiction (from Latin juris 'law' + dictio 'speech' or 'declaration')
2538-615: The European Union member states except Denmark accepted Council Regulation (EC) 44/2001 , which makes major changes to the Brussels Convention and is directly effective in the member nations. Council Regulation (EC) 44/2001 now also applies as between the rest of the EU Member States and Denmark due to an agreement reached between the European Community and Denmark. In some legal areas, at least,
2632-456: The Necessary and Proper Clause in areas beyond those specifically conferred on Congress ( Missouri v. Holland , 252 U.S. 416 (1920)). This concerns the relationships both between courts in different jurisdictions , and between courts within the same jurisdiction. The usual legal doctrine under which questions of jurisdiction are decided is termed forum non conveniens . To deal with
2726-596: The New York City Civil Court , New York City Criminal Court , City Courts in the 1st and 2nd Departments, and District Court . (City Courts in other departments appeal to the County Courts instead.) The 1st Department has a single Appellate Term covering Manhattan and The Bronx . The 2nd Department has two Appellate Terms. The Appellate Term for the 2nd, 11th and 13th Judicial Districts covers Brooklyn , Queens , and Staten Island , and generally sits at 141 Livingston Street in Brooklyn. The Appellate Term for
2820-404: The United States —such subunits will exercise jurisdiction through the court systems as defined by the executives and legislatures. When the jurisdictions of government entities overlap one another—for example between a state and the federation to which it belongs—their jurisdiction is a shared or concurrent jurisdiction. Otherwise, one government entity will have exclusive jurisdiction over
2914-550: The World Trade Organization (WTO) that have socially and economically significant dispute resolution functions but, again, even though their jurisdiction may be invoked to hear the cases, the power to enforce their decisions is at the will of the nations affected, save that the WTO is permitted to allow retaliatory action by successful nations against those nations found to be in breach of international trade law . At
New York Supreme Court - Misplaced Pages Continue
3008-751: The circuit courts in Florida, the superior courts in California, and the New York Supreme Court in New York state. Most trial courts are courts of record , where the record of the presentation of evidence is created and must be maintained or transmitted to the appellate court. The record of the trial court is certified by the clerk of the trial court and transmitted to the appellate body. Not all cases are heard in trial courts of general jurisdiction. A trial court of limited jurisdiction
3102-769: The federal government and a state, actions by a state against the citizens of another state or foreign country. As a practical example of court jurisdiction, as of 2013 Utah has five types of courts, each for different legal matters and different physical territories. One-hundred-and-eight judges oversee Justice Courts, which handle traffic and parking citations, misdemeanor crimes, and most small claims cases. Seventy-one judges preside over District Courts, which deal with civil cases exceeding small claims limits, probate law, felony criminal cases, divorce and child custody cases, some small claims, and appeals from Justice Courts. Twenty-eight judges handle Juvenile Court, which oversees most people under 18 years old who are accused of
3196-782: The member nations of the EEC signed the Brussels Convention in 1968 and, subject to amendments as new nations joined, it represents the default law for all twenty-seven Member States of what is now termed the European Union on the relationships between the courts in the different countries. In addition, the Lugano Convention (1988) binds the European Union and the European Free Trade Association . In effect from 1 March 2002, all
3290-579: The stannary courts that dealt with disputes involving the tin miners of Cornwall . The original royal charters of the American colonies included broad grants of franchise jurisdiction along with other governmental powers to corporations or individuals, as did the charters for many other colonial companies such as the British East India Company and British South Africa Company . Analogous jurisdiction existed in medieval times on
3384-561: The 1995 Commercial Courts Task Force, facilitated the 2006 Commercial Division Focus Group study, and has chaired the Commercial Division Advisory Council since 2013 (through at least May 2024). Appeals from Supreme Court decisions, as well as from the Surrogate's Court, Family Court, and Court of Claims, are heard by the New York Supreme Court, Appellate Division . This court is intermediate between
3478-741: The 8th District (located in Buffalo), and the Albany, Bronx, Kings, Nassau, Onondaga, Queens, Suffolk and Westchester County Supreme Courts. These are specialized business courts , with a defined jurisdiction focusing on business and commercial litigation. The jurisdictional amount in controversy required to have a case heard in the Commercial Division varies among these Commercial Division courts, ranging from $ 50,000 in Albany and Onondaga Counties to $ 500,000 in New York County, but
3572-881: The 9th and 10th Judicial Districts covers Nassau , Suffolk , Westchester , Rockland , Orange , Dutchess , and Putnam Counties; it generally rotates between the Westchester County Courthouse in White Plains , the Nassau County Supreme Court Building in Mineola , and the Cohalan Court Complex in Central Islip . They occasionally sit at other locations within their jurisdiction. Appellate terms consist of between three and five justices of
3666-599: The Appellate Division or the Appellate Term). As a result, New York City has too few judges to handle New York City's caseload, which is more than 100,000 cases annually; the population-based formula in the state Constitution does not account for the millions of non-resident workers and visitors in the city, nor the 315,000 business associations that operate in the city. Elected New York Supreme Court justices can be moved or temporarily reassigned anywhere in
3760-463: The Commercial Division rules (Section 202.70) are otherwise uniform. The first specialist commercial judges assigned to the pilot Commercial Parts in 1993 were Justices Ira Gammerman , Myriam Altman, Herman Cahn, and Beatrice Shainswit. Among other long serving Commercial Division Justices, these judges served at least a decade: Justice Cahn continued on as a Commercial Division judge in Manhattan from 1995 until 2008, Justice Charles Ramos served as
3854-579: The Courts of Appeals, as well as the state supreme courts, by means of writ of certiorari . However, in a special class of cases, the U.S. Supreme Court has the power to exercise original jurisdiction. Under 28 U.S.C. § 1251 , the Supreme court has original and exclusive jurisdiction over controversies between two or more states, and original (but non-exclusive) jurisdiction over cases involving officials of foreign states, controversies between
New York Supreme Court - Misplaced Pages Continue
3948-733: The District Court in Provo, Utah . If both the minor traffic offense and the felony arrests resulted in guilty verdicts, the traffic conviction could be appealed to the District Court in Provo, while the second-degree felony appeal would be heard by the Appeals Court in Salt Lake City and the first-degree felony appeal would be heard by the Supreme Court. Similarly for civil matters, a small claims case arising in Orem would probably be heard in
4042-621: The ICJ only nations may be parties in cases before the Court and, under Article 36, the jurisdiction comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force. But, to invoke the jurisdiction in any given case, all the parties have to accept the prospective judgment as binding. This reduces
4136-691: The Manhattan Commercial Division from 2008 to 2018, Justice Timothy S. Driscoll has served in the Nassau County Commercial Division since 2009 (as of May 2024), and Justice Thomas A. Stander served in the Monroe County Commercial Division from its inception for ten years. One constant throughout the Commercial Division history has been the involvement of New York attorney Robert L. Haig, who, among other things, co-chaired
4230-571: The New York Supreme Court and the New York Court of Appeals. There is one Appellate Division, which for administrative purposes comprises four judicial departments. Decisions of the Appellate Division department panels are binding on the lower courts in that department, and also on lower courts in other departments unless there is contrary authority from the Appellate Division of that department. The Appellate Division of
4324-490: The New York Supreme Court in New York City. A similar practice is done in the 9th Judicial District (which covers the New York suburban counties of Orange , Dutchess , Westchester , Rockland and Putnam ), in which County and Family Court judges have been designated as acting Supreme Court justices, serving part-time on that court. However, this practice also strains the resources of the courts that "lend" justices to
4418-620: The New York trial courts are published selectively in the Miscellaneous Reports . A judge of the New York Supreme Court is titled a justice . The number of justices of the Supreme Court in each New York Supreme Court judicial district (including justices assigned to the Appellate Division) is set forth by the New York State Constitution. Once a decade, the state Legislature may increase
4512-820: The Orem Justice Court, while a divorce filed by an Orem resident would be heard by the District Court in Provo. The above examples apply only to cases of Utah state law; any case under Federal jurisdiction would be handled by a different court system. All Federal cases arising in Utah are under the jurisdiction of the United States District Court for the District of Utah , headquartered in Salt Lake City, Utah , and would be heard in one of three Federal courthouses. In Australia, unless
4606-582: The State where the crime has been committed may exercise jurisdiction. This is one of the most straightforward and least controversial of the principles. This is also the only principle that is territorial in nature; all other forms are extraterritorial. Nationality principle (also known as the Active Personality Principle): This principle is based around a person's nationality and allows States to exercise jurisdiction when it comes to their nationality, both within and outside
4700-712: The State's territory. Seeing as the territoriality principle already gives the State the right to exercise jurisdiction, this principle is primarily used as a justification for prosecuting crimes committed abroad by a States nationals. There is a growing trend to allow States to also apply this principle to permanent residents abroad as well (for example: Denmark Criminal Code (2005), sec 7; Finland Criminal Code (2015), sec 6; Iceland Criminal Code (2014), art 5; Latvia Criminal Code (2013), sec 4; Netherlands Criminal Code (2019), art 7; Norway Criminal Code (2005), sec 12; Swedish Criminal Code (1999), sec 2; Lithuania Criminal Code (2015), art 5). Passive Personality Principle : This principle
4794-643: The Supreme Court are responsible for oversight of the related programs. With respect to criminal cases, the Criminal Branch of Supreme Court tries felony cases in the five counties of New York City, whereas they are primarily heard by the County Court elsewhere. Misdemeanor cases, and arraignments in almost all cases, are handled by lower courts: the New York City Criminal Court ; the District Court in Nassau County and
SECTION 50
#17327866149304888-559: The Supreme Court called the Appellate Division serves as the highest intermediate appellate court in New York. Under the New York State Constitution, the New York State Supreme Court has unlimited jurisdiction in both civil and criminal cases, with the exception of certain monetary claims against the State of New York itself. In practice, the Supreme Court hears civil actions involving claims above
4982-500: The Supreme Court in each judicial department is authorized to establish "appellate terms". An appellate term is an intermediate appellate court that hears appeals from the inferior courts within their designated counties or judicial districts, and are intended to ease the workload on the Appellate Division and provide a less expensive forum closer to the people. Appellate terms are located in the 1st and 2nd Judicial Departments only, representing Downstate New York . These hear appeals from
5076-530: The Supreme Court is not the state's court of last resort (which would be the New York Court of Appeals ), but it is a trial court . Also, although it is a trial court, the Supreme Court sits as a "single great tribunal of general state-wide jurisdiction, rather than an aggregation of separate courts sitting in the several counties or judicial districts of the state." The Supreme Court is established in each of New York's 62 counties . A separate branch of
5170-399: The Supreme Court, New York County is divided into 2 Trial Assignment parts, 10 conference and trial parts, 1 youth part, 1 narcotics/felony waiver part, 1 integrated domestic violence part, and 16 trial parts which include 1 Judicial Diversion part, 1 Mental Health part, 1 Veteran's Court part, and 1 JHO part. In New York City, all major civil cases are heard in civil terms. The court system
5264-572: The Supreme Court, appointed by the Chief Administrative Judge with the approval of presiding justice of the appropriate appellate division. The court sits in three-judge panels, with two justices constituting a quorum and being necessary for a decision. Decisions by the Appellate Term must be followed by courts whose appeals lie to it. In New York City, all felony cases are heard in criminal terms. The Criminal Term of
5358-436: The Supreme Court. Supreme Court justices are elected to 14-year terms. Justices are nominated by judicial district nominating conventions, with judicial delegates themselves elected from assembly districts. Some (political party) county committees play a significant role in their judicial district conventions, for example restricting nomination to those candidates that receive approval from a party screening committee. Sometimes,
5452-546: The U.S. are a prime example of jurisdictional dilemmas caused by different states under a federal alignment. When parents and children are in different states, there is the possibility of different state court orders over-ruling each other. The U.S. solved this problem by adopting the Uniform Child Custody Jurisdiction and Enforcement Act . The act established criteria for determining which state has primary jurisdiction, which allows courts to defer
5546-598: The United States and customary international law to be a part of the "Supreme Law of the Land" (along with the Constitution itself and acts of Congress passed pursuant to it) (U.S. Const.art. VI Cl. 2) As such, the law of the land is binding on the federal government as well as on state and local governments. According to the Supreme Court of the United States , the treaty power authorizes Congress to legislate under
5640-575: The benefit of maintaining legal entities with jurisdiction over a wide range of matters of significance to nations (the ICJ should not be confused with the ICC and this version of "universal jurisdiction" is not the same as that enacted in the War Crimes Law (Belgium) , which is an assertion of extraterritorial jurisdiction that will fail to gain implementation in any other state under the standard provisions of public policy ). Under Article 34 Statute of
5734-404: The court system merged the operations of two separate criminal courts—the Bronx County Criminal Court and the Criminal Term of Bronx County Supreme Court—into a single trial court of criminal jurisdiction known as the Bronx Criminal Division. Trial court A trial court or court of first instance is a court having original jurisdiction , in which trials take place. Appeals from
SECTION 60
#17327866149305828-447: The decisions of trial courts are usually heard by higher courts with the power of appellate review ( appellate courts ). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called findings of fact are made based on
5922-443: The delegates. The process was challenged in litigation which ultimately resulted in a U.S. Supreme Court decision in N.Y. State Board of Elections v. Lopez Torres (2008), in which the justices unanimously upheld the constitutionality of New York's judicial election system. Under state law, New York Supreme Court justices have a mandatory retirement age : a justice's term ends, even if his or her 14-year term has not yet expired, at
6016-440: The difference in competence between federal and state courts. Federal courts are the High Court of Australia , the Federal Court of Australia , the Family Court of Australia , and other subsidiaries. Federal courts exercise federal jurisdiction - the judicial powers granted to the federal government by the constitution of Australia. The extent of that jurisdiction is outlined in both the Constitution and legislation enacted by
6110-411: The difficult question of how to co-ordinate their activities with those of national courts. If the two sets of bodies do not have concurrent jurisdiction but, as in the case of the International Criminal Court (ICC), the relationship is expressly based on the principle of complementarity , i.e., the international court is subsidiary or complementary to national courts, the difficulty is avoided. But if
6204-400: The discretion to hear a case that falls outside of its subject matter jurisdiction. It is also necessary to distinguish between original jurisdiction and appellate jurisdiction . A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff , while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction (or
6298-446: The end of the calendar year in which the justice reaches the age of 70. However, an elected Supreme Court Justice may apply for a "certification" from the Office of Court Administration (OCA) to continue in office, without having to be re-elected, for three two-year periods, until final retirement at the end of the year in which the Justice turns 76. A judge applying for certification to continue to serve must pass cognitive tests , but OCA
6392-399: The evidence. The court, presided over by one or more judges , makes findings of law based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials , the jury acts as trier of fact . In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this
6486-425: The federal parliament. For example, section 73(ii) of the Constitution empowers the High Court to hear appeals from the supreme court of any state, and from other courts exercising federal jurisdiction. Likewise, section 39B(1A)(c) of the Judiciary Act 1903 (Cth) empowers the Federal Court of Australia to hear any matter arising under laws enacted by the federal parliament. Similarly, the jurisdiction of state courts
6580-420: The five western towns of Suffolk County ; city courts; and justice courts. In 1993, Administrative Judge Stanley S. Ostrau established pilot Commercial Parts in the New York County Supreme Court. Two years later, Chief Judge Judith S. Kaye established a trial level Commercial Division, beginning in New York County (Manhattan) and Monroe County (the 7th Judicial District). The Commercial Division has expanded to
6674-412: The hearing of a case if an appropriate administrative agency determines so. The primary distinctions between areas of jurisdiction are codified at the federal level. In the United States' common law system, jurisdiction is conceptually divided between jurisdiction over the subject matter of a case and personal jurisdiction over the parties to the case. A court whose subject matter jurisdiction
6768-499: The history of English common law, a jurisdiction could be held as a form of property (or more precisely an incorporeal hereditament ) called a franchise . Traditional franchise jurisdictions of various powers were held by municipal corporations , religious houses , guilds , early universities , the Welsh Marches , and counties palatine . Types of franchise courts included courts baron , courts leet , merchant courts , and
6862-447: The interests of justice, the second court is a more appropriate place to litigate. In assessing the interests of justice in any particular matter, the court will have regard to the interests of the parties. The mere existence of criteria to transfer matters over to different courts nonetheless means that parties have an interest in commencing proceedings in the most convenient jurisdiction to them. The advantage conferred onto first movers
6956-467: The issue of forum shopping , nations are urged to adopt more positive rules on conflict of laws. The Hague Conference and other international bodies have made recommendations on jurisdictional matters, but litigants with the encouragement of lawyers on a contingent fee continue to shop for forums. Under international law there are different principles that are recognized to establish a state's ability to exercise criminal jurisdiction when it comes to
7050-575: The jurisdiction claimed is concurrent or, as in the case of International Criminal Tribunal for the former Yugoslavia (ICTY), the international tribunal is to prevail over national courts, the problems are more difficult to resolve politically. The idea of universal jurisdiction is fundamental to the operation of global organizations such as the United Nations and the International Court of Justice (ICJ), which jointly assert
7144-546: The jurisdiction of local courts to enforce rights granted under international law wherever there is incorporation. If there is no direct effect or legislation, there are two theories to justify the courts incorporating international into municipal law: In the United States, the Supremacy Clause of the United States Constitution makes all treaties that have been ratified under the authority of
7238-536: The jurisdiction of the courts of each state extends (at a basic level) to matters occurring within their state. Meanwhile, the jurisdiction of the Federal Court of Australia is over matters arising under federal law. The jurisdiction of the High Court is to hear appeals from states’ Supreme Courts, the Federal Court, and over matters prescribed in the Constitution of Australia. That approach to jurisdiction
7332-526: The lord chancellor, not as a part of his equitable jurisdiction, but as the king's delegate to exercise the Crown's special jurisdiction, had responsibility for the custody and protection of infants and the mentally incapacitated. Upon the organization of the Supreme Court in New York the Legislature transferred so much of the law as formed a part of the king's prerogative to it. The Appellate Divisions of
7426-654: The matter. A court whose subject matter is not limited to certain types of controversy is referred to as a court of general jurisdiction . In the U.S. states , each state has courts of general jurisdiction; most states also have some courts of limited jurisdiction. Federal courts (those operated by the federal government ) are all courts of limited jurisdiction. Federal jurisdiction is divided into federal question jurisdiction and diversity jurisdiction . The United States district courts may hear only cases arising under federal law and treaties, cases involving ambassadors, admiralty cases, controversies between states or between
7520-487: The nature of laws, the power ceded to these bodies cumulatively represents its own jurisdiction. But no matter how powerful each body may appear to be, the extent to which any of their judgments may be enforced, or proposed treaties and conventions may become, or remain, effective within the territorial boundaries of each nation is a political matter under the sovereign control each nation. The fact that international organizations, courts and tribunals have been created raises
7614-535: The needs of society . Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter . These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The Lotus case establishes two key rules to
7708-418: The number of justices in any judicial district, but Article VI of the state Constitution sets a population-based cap on the number of justices in each district, based on census data. As a result of the population-based cap, some areas have overloaded courts. New York City has a cap of 171 justices (and only some of the New York Supreme Court justices in New York City serve in trial parts, with others assigned to
7802-525: The on-site management of the trial courts, including court caseloads, personnel, and budget administration, and each manage a particular type of court within a county or judicial district. The Administrator is also assisted by the District Executive and support staff. The district administrative offices are responsible for personnel, purchasing, budgets, revenue, computer automation, court interpreters, court security, and case management. Opinions of
7896-415: The other principles as there is attached to it the obligation to either prosecute the accused or extradite them to a State that will, known as aut dedere aut judicare . At a supranational level, countries have adopted a range of treaty and convention obligations to relate the right of individual litigants to invoke the jurisdiction of national courts and to enforce the judgments obtained. For example,
7990-543: The parties cross-endorse each other's candidates, while at other times they do not and incumbent judges must actively campaign for re-election. Judicial conventions have been criticized as opaque, brief and dominated by county party leaders. In practice, most of the power of selecting justices belongs to local political party organizations, such as the Kings County Democratic County Committee (Brooklyn Democratic Party), which control
8084-571: The political barriers to such unification in the face of entrenched nationalism will be very difficult to overcome. Each such group may form transnational institutions with declared legislative or judicial powers. For example, in Europe, the European Court of Justice has been given jurisdiction as the ultimate appellate court to the member states on issues of European law. This jurisdiction is entrenched, and its authority could only be denied by
8178-563: The prescription and enforcement of jurisdiction. The case outlines that jurisdiction is territorial and that a state may not exercise its jurisdiction in the territory of another state unless there is a rule that permits this. On that same note, states enjoy a wide measure of discretion to prescribe jurisdiction over persons, property and acts within their own territory unless there was a rule that prohibits this. Supranational organizations provide mechanisms whereby disputes between nations may be resolved through arbitration or mediation . When
8272-533: The reciprocal enforcement of foreign judgments is now more straightforward. At a national level, the traditional rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area. Many nations are subdivided into states or provinces (i.e. a subnational "state" ). In a federation —as can be found in Australia , Brazil , India , Mexico , and
8366-469: The risk of wasting the Court's time. Despite the safeguards built into the constitutions of most of these organizations, courts and tribunals, the concept of universal jurisdiction is controversial among those nations which prefer unilateral to multilateral solutions through the use of executive or military authority, sometimes described as realpolitik -based diplomacy. Within other international contexts, there are intergovernmental organizations such as
8460-443: The shared area. When jurisdiction is concurrent, one government entity may have supreme jurisdiction over the other entity if their laws conflict. If the executive or legislative powers within the jurisdiction are not restricted, or have only limited restrictions, these government branches have plenary power such as a national policing power . Otherwise, an enabling act grants only limited or enumerated powers. Child custody cases in
8554-457: The state Constitution, election matters, judicial conduct, and alleged misconduct by lawyers. This example shows how matters arising in the same physical territory might be seen in different courts. A minor traffic infraction originating in Orem, Utah is handled by the Orem Justice Court. However, a second-degree felony arrest and a first-degree felony arrest in Orem would be under the jurisdiction of
8648-422: The state, although typically such moves or reassignments are within the judge's judicial district. To address the imbalance, the New York court system designates other courts' judges (such as those sitting on the lower-level New York City Civil Court , New York City Criminal Court , and New York City Family Court , as well as the statewide New York Court of Claims ) as "acting" Supreme Court justices to serve on
8742-583: Was defeated by New York voters in 2013. The New York Supreme Court is the oldest Supreme Court with general original jurisdiction. It was established as the Supreme Court of Judicature by the Province of New York on May 6, 1691. That court was continued by the State of New York after independence was declared in 1776. It became the New York Supreme Court under the New York Constitutional Convention of 1846. In November 2004,
8836-458: Was made in that process, as well as whether and how that error ought to be rectified. Their job is to correct errors made in answering the said questions - essentially, to correct errors of law. The jurisdiction of Supreme Courts of states and territories may be vested in each other in special circumstances, the federal jurisdiction may also be vested in them. Technicalities aside, the scheme compels courts to transfer matters to another court if, in
#929070