MUST BE BROUGHT

The first procedural questions in any case are: where must the case be filed, and when must the case be filed. Venue concerns the location of the particular court where a case must be tried. Statutes of limitations provide time limits for bringing civil lawsuits and criminal prosecutions.

Jurisdiction. Generally, jurisdiction means the power of a court. Different courts have different powers, and a case can be brought only in a court with authority to deal with it. There are several kinds of jurisdiction. “Subject matter jurisdiction” is the power of a court to deal with particular kinds of cases. “Monetary jurisdiction” is the minimum or maximum dollar limit on civil cases that a particular court can handle. “Territorial jurisdiction” is the geographic extent of a court’s power.

A court has territorial jurisdiction over civil cases when the incident or transaction on which the case is based occurred in the court’s territory or, in some cases, when the defendant or the plaintiff lives in the court’s territory. In criminal cases, a court generally has jurisdiction when the crime, or any essential part or “element” of the crime, occurred in the court’s territory.

Venue. Whereas jurisdiction refers to the power of a court to try a case, venue refers to the place where it is to be tried. Usually, venue follows territorial jurisdiction in both civil and criminal cases. Venue can be changed in criminal cases when the change is necessary to secure a fair trial. A change of venue might be granted, for example, in the trial of a particularly heinous crime where publicity has inflamed local public opinion against the.

Дата добавления: 2015-07-19