Concurrent jurisdiction exists where two or more courts from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping, as parties will try to have their civil or criminal case heard in the court that they perceive will be most favorable to them.

What’s the difference between concurrent jurisdiction?

We first learned that jurisdiction is simply the authority to hear a case, and that concurrent jurisdiction allows someone a choice to file an action in two different court systems as long as both courts have jurisdiction over the parties and the subject matter of the case.
 

When the state and federal governments have concurrent jurisdiction?

State courts can have concurrent jurisdiction over federal claims except when the interests of the state and federal governments cannot be reconciled or when the statute giving rise to the claim or its legislative history suggest otherwise.

When two or more locations have jurisdiction over a case?

Two or more courts have concurrent jurisdiction over a case if all of the courts have the power to hear it. Most notably, in the United States federal courts and state courts have concurrent jurisdiction to hear many types of actions.

What could happen if it is a concurrent jurisdiction situation and the plaintiff files?

If a plaintiff files a case in state trial court where concurrent jurisdiction applies, a defendant may (or may not) ask that the case be removed to federal district court.

What is an example of a crime for which there is concurrent jurisdiction?

Therefore, federal and state courts may have concurrent jurisdiction over specific crimes. For example, a person who robs a bank may be tried and convicted in state court for robbery, then tried and convicted in federal court for the federal offense of robbery of a federally-chartered savings institution.

What powers are held concurrently?

Concurrent powers refer to powers that are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts.

Which is an example of a concurrent government power?

Finally, certain powers are called concurrent powers, which the states and the federal government both may exercise. These can include, for example, setting up courts, levying taxes, and spending and borrowing money. Typically, these are powers necessary for maintenance of public facilities.
 

Can state government make laws on concurrent list?

(2) Notwithstanding anything in clause (3), Parliament, and subject to clause (1), the Legislature of any State also, shall have power to make laws with respect to any of the matters enumerated in List III in the Seventh Schedule (in this Constitution, referred to as the “Concurrent List”).

Why is concurrent jurisdiction important?

Concurrent jurisdiction allows plaintiffs initial choice of a forum more sympathetic to their claims. In many circumstances, however, a defendant may supplant that choice by exercising a right under federal law to remove the case from state to federal court.

Can there be two jurisdictions in a contract?

Section 28 clearly implies that a party cannot arbitrarily decide the jurisdiction of court which it does not hold on personal grounds. There can be dual jurisdiction of courts to try a case and it is on the discretion of the parties to decide one of the jurisdiction.
 

What is the difference between exclusive and concurrent jurisdiction?

First, the federal government may have exclusive jurisdiction, meaning that it has the sole power to prosecute crimes committed on federal lands. Second, federal and state governments may have concurrent jurisdiction, meaning that either government has the authority to prosecute crimes on federal lands.

What is the difference between concurrent and exclusive jurisdiction?

First, the federal government may have exclusive jurisdiction, meaning that it has the sole power to prosecute crimes committed on federal lands. Second, federal and state governments may have concurrent jurisdiction, meaning that either government has the authority to prosecute crimes on federal lands.

What is the difference between concurrent and simultaneous?

Both the words mean “occurring at the same time”, but “concurrent” represents the events that occur over a period of time whereas “simultaneous” represents the events that occur at a point in time. The simultaneous user is a subset of the concurrent user.
 

What is the difference between current and concurrent?

You might notice another adjective, current, in concurrent. While current refers to something that is happening right now, concurrent describes two or more things happening at the same time.

What are 3 types of jurisdiction?

Subject-matter jurisdiction

• General Jurisdiction, which means that a court has the ability to hear and decide a wide range of cases.
• Limited Jurisdiction, which means that a court has restrictions on the cases it can decide.
• Exclusive Jurisdiction, which means that only a particular court can decide a case.

What are the two main types of jurisdiction?

Jurisdiction may be broken down into two categories: personal jurisdiction and subject matter jurisdiction.

What is the most common type of jurisdiction?

A court with general jurisdiction can hear almost any case. It is most commonly the case that a court of limited jurisdiction can handle only misdemeanors and other minor crimes. On the other hand, a court that handles felonies will be a court of general jurisdiction.