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Jurisdiction is the foundation of every case. A case must be filed in a court that possesses jurisdiction. You are currently working in the District Attorney’s Office as an investigator, and you have been asked to investigate the court that has jurisdiction over a case that involves the robbery of a local bank and two murders. The district attorney has asked you to research the questions to help her make a decision.Jurisdiction is very important within the court system because it is what decides whether the state or federal government has the authority to prosecute the case. In a 1–2-page paper, research the following:What is jurisdiction, and how does it impact state and federal courts?What is concurrent jurisdiction?Provide 1 example of a crime for which the state court has jurisdiction and another example of a federal crime for which the federal court has jurisdiction. Why does each respective court have jurisdiction for the crimes that you have listed?Provide 1 example of a crime for which concurrent jurisdiction exists, that is, the criminal act could be prosecuted in state or federal court or both. In the example that you provided, in which court do you think that the case should be prosecuted? Why?Next, locate the Web site for your state’s Supreme Court (if you reside in the state of New York, your state refers to its highest appellate court as the Court of Appeals). Discuss the make-up of your state’s highest appellate court.Please provide citations to your references at the end of your assignment in a Reference section.

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Jurisdiction

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Question 1

Jurisdiction entails the formal power to make legal decisions and judgments. Likewise, it limits the border in which a court of law can implement its authority over cases or appeals. Jurisdiction is significant in this case as it enables the United States district court to listen and decide Falcoal’s matter. Additionally, it allows the court to exercise its rightfully and determine the type of jurisdiction effective for the case.

Personal jurisdiction refers to a court’s power to decide for a party being sued in a case. However, it is the condition that a particular court has control over the defendant based on most minor associates with the setting. On the other hand, subject-matter jurisdiction includes the prerequisite that a specific court can hear particular claims presented to the court. In personal jurisdiction, the judge has the power to make a decision that affects an individual. Additionally, subject-matter jurisdiction includes authority made over the law involved in the suit, while personal jurisdiction entails control over parties influenced by the facts in evidence. As personal jurisdiction has power over the parties to the case, the subject-matter jurisdiction can hear the type of issue.

Markedly, the court applied rules in regards to personal jurisdiction exercised over foreign defendants. The law entailed that a foreign state shall not be immune from the court’s jurisdiction of the United States in any case where the foreign state has waived its immunity either by implication or explicitly. Likewise, this rule implies where the action is based upon a foreign state’s commercial activity performed in the United States. The court cannot exercise personal jurisdiction over foreign defendants unless the defendants have taken action that may be interpreted as a waiver or implied consent expression to the jurisdiction exercised.