Jurisdiction has many meanings within the context of the courts, but in general, it refers to the legal authority to hear and decide a case (legal suit) (figure 7.2.). Jurisdiction is a crucial element in any court case. For instance, a case can be dismissed, at any stage, if the court lacks jurisdiction to hear the case. In this section, we’ll introduce the different types of jurisdiction based on the function of the court, the subject matter, the seriousness of the case, the court’s authority, and the location of the court.

Figure 7.2. A figure showing the different elements that make up court jurisdiction.

7.2.2 Jurisdiction Based on the Function of the Court

The court’s legal authority can be based on its function. For example, a trial court differs from an appellate court in its specific function in the case. The trial court has the initial authority to try the case and decide the outcome. In contrast, the appellate court has the authority to overrule that outcome if a serious mistake is made by the trial court. The federal and state court systems have hierarchies that divide trial and appellate courts.

Trial courts have jurisdiction over pretrial matters, trials, sentencing, probation, and parole violations. Trial courts deal with facts. Did the defendant stab the victim? Was the eyewitness able to clearly see the stabbing? Did the probationer willfully violate the terms of probation? As a result, trial courts determine guilt and impose punishments.

On the other hand, Appellate courts review the decisions of the trial courts. They are primarily concerned with matters of law. Did the trial judge properly instruct the jury about the controlling law? Did the trial court properly suppress evidence in a pretrial hearing? Does the applicable statute allow the defendant to raise a particular affirmative defense? Appellate courts correct legal errors made by trial courts and develop laws when new legal questions arise. Appellate courts do not hold hearings in which evidence is developed, but rather only review the record, or “transcript,” of the trial court. In some instances, appellate courts determine if the record is legally sufficient or enough evidence to uphold a conviction.

7.2.3 Jurisdiction Based on Subject Matter

The authority of the court can also be based on the subject matter of the case. For example, criminal courts handle criminal matters, tax courts handle tax matters, and customs and patent courts handle patent matters. Because the higher appellate courts are usually designed to hear different types of cases, the issue of subject matter jurisdiction is mostly relevant in lower trial courts. However, each state is different, and state constitutions dictate the specific structure of the state court system. The specialized courts represent only a small portion of all trial courts. Most trial courts are not limited to a particular subject but may deal with all fields. More than 60 million cases in 2020, and more than 95 percent of these cases are from state courts (Kerper, 1979, p. 34). State courts also differ in how they select judges and the type of cases each court can hear.

7.2.4 Jurisdiction Based on the Seriousness of the Case

The seriousness of the case may also affect the court’s jurisdiction. Most of the trial courts are called courts of general jurisdictions, meaning that they can hear almost any type of case. However, the courts of limited jurisdiction can only try minor misdemeanor cases such as petty crimes, violations, and infractions.

7.2.5 Jurisdiction Based on the Court’s Authority

Jurisdiction also refers to the court’s authority over the parties in the case. For example, juvenile courts have jurisdiction over delinquency cases involving youth. Other court jurisdictions are based on the special nature of the parties, such as military tribunals and the U.S. Court for the Armed Services.

7.2.6 Jurisdiction Based on Location

Finally, jurisdiction is also tied to our system of federalism, the autonomy of national and state governments. State courts have jurisdiction over state matters, and federal courts have jurisdiction over federal matters. Jurisdiction is most commonly known to represent geographic locations of the court’s oversight. For example, Oregon courts do not have jurisdiction over crimes in California. In the next section of this chapter, we will discuss how courts exercise their jurisdiction at the state and federal levels of government.