Jurisdiction

Among the ancient Scandinavians, that which we in the modern world call a lawyer or attorney was known as a "law speaker" (logmaour in Old Norse). This is the literal meaning of the Latin phrase juris dictione (YOO-reese dihk-tsee-OH-ney); to speak the law.

Today, the modern English word refers to who may "speak the law" over which legal matters and in which geographical locations.

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Those planning to take civil action must determine which court has jurisdiction prior to filing suit. This will depend upon the nature of the suit, the defendant, the nature and amount of damages being sought, and more.

In general, lawsuits involving large sums of money are the jurisdiction of Superior Courts, also known as District or County Courts. These courts also hear cases involving family law ( i.e. divorces and child custody), probate (the disposal of a deceased person's estate), conservatorship (a court order that places legal control over property or a person's affairs in the hands of a court appointee), and felony trials.

Small claims (minor civil actions involving amounts of $5000 or less), traffic violations, misdemeanors (minor crimes not warranting a prison sentence) and code violations are the jurisdiction of Municipal Courts.

Some states have special courts set up for specific jurisdictions, such as probate courts and police courts that hear misdemeanor and traffic cases.

Civil suits that involve residents of different states are usually heard in a Federal court. Depending on the nature of the suit, a regulatory agency may have initial jurisdiction before the plaintiff is allowed to file a legal action.

If more than one court has jurisdiction over a particular case, the filing attorney may need to determine which jurisdiction will be more favorable. This is based on numerous considerations, including scheduling, jury pool, any applicable local statutes, among other issues.

Mesothelioma & Asbestos Related Glossary of Legal Terms

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