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Encyclopedia > Discretionary jurisdiction

Discretionary jurisdiction is a legal term used to describe a circumstance where a court has the power to decide whether to hear a particular case brought before it. Most courts have no such power, and must entertain any case properly filed, so long as the court has subject matter jurisdiction over the questions of law which must be decided, and in personam jurisdiction over the parties to the case. A court is an official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... Subject matter jurisdiction is a legal term used in civil procedure to indicate that a case must be entered in the proper court of law based on the nature of the claim. ...


Typically, the highest court in a state or country will have discretionary jurisdiction. For example, the United States Supreme Court hears cases by a writ of certiorari, essentially meaning that it calls appellants up to the court only if their case is important enough to merit the resources of the court. The Supreme Court employs a 'rule of four', meaning that four justices have to think the case is important enough to hear before the court will grant it review. Many state supreme courts use a similar process to choose which cases they will hear. The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... In English Law certiorari (Latin, to inform) is a public law relief (i. ...


  Results from FactBites:
 
jurisdiction: Definition, Synonyms and Much More from Answers.com (5976 words)
If the court does not have jurisdiction, the defendant may challenge the suit on that ground, and the suit may be dismissed or its result may be overturned in a subsequent action by one of the parties in the case.
A court whose subject-matter jurisdiction 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.
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 a lower appellate court) has heard the matter.
Sui Juris – Venue and Jurisdiction (1993 words)
A jurisdictional strike is a concerted refusal to work undertaken by a union to assert its membersÂ’ right to such job assignments and to protest the assignment of disputed work to members of another union or to unorganized workers.
Unions also use jurisdiction to refer to the geographical boundaries of their operations, as in those cases in which a national or international union allocates the right to represent workers among different local unions based on the place of those workers' employment, either along geographical lines or by adopting the boundaries between political jurisdictions.
Jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court.
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