Exclusive jurisdiction in the context of Concurrent jurisdiction


Exclusive jurisdiction in the context of Concurrent jurisdiction

⭐ Core Definition: Exclusive jurisdiction

Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court may take jurisdiction over the case.

Exclusive jurisdiction is typically defined in terms of subject matter.

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Exclusive jurisdiction in the context of Sheriff court

A sheriff court (Scottish Gaelic: Cùirt an t-Siorraim) is the principal local civil and criminal court in Scotland, with exclusive jurisdiction over all civil cases with a monetary value up to £100,000, and with the jurisdiction to hear any criminal case except treason, murder, and rape, which are in the exclusive jurisdiction of the High Court of Justiciary. Though the sheriff courts have concurrent jurisdiction with the High Court over armed robbery, drug trafficking, and sexual offences involving children, the vast majority of these cases are heard by the High Court. Each court serves a sheriff court district within one of the six sheriffdoms of Scotland. Each sheriff court is presided over by a sheriff, who is a legally qualified judge, and part of the judiciary of Scotland.

Sheriff courts hear civil cases as a bench trial without a jury, and make determinations and judgments alone. However, the specialist all-Scotland Sheriff Personal Injury Court (based in Edinburgh) has the ability to hear cases with a jury of twelve. Sheriff courts hear criminal trials on complaint as a bench trial for summary offences, and as a trial with a jury of fifteen for indictable offences. Where a person is convicted following a case heard on complaint they can be sentenced to a maximum of twelve months imprisonment and/or a £10,000 fine, and in solemn cases, 5 years imprisonment or an unlimited fine.

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Exclusive jurisdiction in the context of Inherent jurisdiction

Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal. The term is also used when a governmental institution derives its jurisdiction from a fundamental governing instrument such as a constitution. In the English case of Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd, Lord Diplock described the court's inherent jurisdiction as a general power to control its own procedure so as to prevent its being used to achieve injustice.

Inherent jurisdiction appears to apply to an almost limitless set of circumstances. There are four general categories for use of the court's inherent jurisdiction:

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Exclusive jurisdiction in the context of Aulic Council

The Aulic Council (Latin: Consilium Aulicum; German: Reichshofrat; literally "Court Council of the Empire", sometimes abbreviated in academic writing as "RHR") was one of the two supreme courts of the Holy Roman Empire, the other being the Reichskammergericht (Imperial Chamber Court). Unlike the Reichskammergericht, which was tied to the Imperial estates, the Aulic Council was tied directly to the Emperor.

It had not only concurrent jurisdiction with the Reichskammergericht, but in many cases exclusive jurisdiction: the Aulic Council had exclusive jurisdiction in all "feudal" processes, and in criminal affairs, over the immediate subjects of the Emperor and in affairs which concerned the Empire, and more (see Responsibilities section below). It did not have a single set seat, rather, it was bound with the Emperor's residences. Prague, Wels, and Frankfurt, were all sites of the court, but the most important seat of the Aulic Council was at the Hofburg residence of the Habsburg emperors in Vienna.

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Exclusive jurisdiction in the context of Sheriff Personal Injury Court

The Sheriff Personal Injury Court is a Scottish court with exclusive competence over claims relating to personal injury where the case is for a work-related accident claim in excess of £1,000, where the total amount claimed is in excess of £5,000, or where a sheriff in a local sheriff court remits proceedings to the Personal Injury Court. It has concurrent jurisdiction with the Court of Session for all claims in excess of £100,000, and concurrent jurisdiction with the local sheriff courts for personal injury claims within its competence.

The choice of using a local sheriff court or the Personal Injury Court is left to the pursuer. However, if the sheriff believes the case is a complex one, requiring specialist expertise, then it can be remitted to the Personal Injury Court.

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