Jurisdiction (area)

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For an article concerning the powers of courts and public authority, see jurisdiction.

A jurisdiction is an area with a set of laws under the control of a system of courts or government entity which are different from neighbouring areas.[1][2]

Each state in a federation such as Australia, Germany and the United States forms a separate jurisdiction. However, sometimes certain laws in a federal state are uniform across the constituent states and enforced by a set of federal courts; with a result that the federal state forms a single jurisdiction for that purpose.

It is also possible for a jurisdiction to prosecute for crimes committed somewhere outside its jurisdiction, once the perpetrator returns.[3] In some cases, a citizen of another jurisdiction outside its own can be extradited to where a jurisdiction where the crime is illegal, even if it was not committed in that jurisdiction.[4][5]

Unitary states are usually single jurisdictions, but the United Kingdom is a notable exception; it has three separate jurisdictions due to its three separate legal systems. China also has separate jurisdictions of Hong Kong and Macao.

See also[edit]

Further reading[edit]

  • Beale, Joseph H. (1935) A Treatise on the Conflict of Laws. ISBN 1-58477-425-8
  • Dicey & Morris. (1993) The Conflict of Laws 12th edition. London: Sweet & Maxwell Ltd. (pp26/30) ISBN 0-420-48280-6
  • McClean, David. (2000). Morris: The Conflict of Laws. London: Sweet & Maxwell Ltd. ISBN 0-421-66160-7

References[edit]

  1. ^ For examples of usage of the word jurisdiction in this context, please see:
    "State Corporate Admission Rules: Nevada: Rule 5.5 MJP/UPL Current". Association of Corporate Counsel. Retrieved 23 August 2010.
    "2010 Illinois Rules of Professional Conduct: RULE 5.5 Unauthorized Practice of law
    Multijurisdictional Practice of Law"
    . Illinois Attorney Registration & Disciplinary Commission. Archived from the original on 23 July 2011. Retrieved 23 August 2010.

    "Canada (Common Law Jurisdictions)". Declining Jurisdiction in Private International Law: Reports to the XIVth Congress of the International Academy of Comparative Law. Athens. August 1994. Retrieved 23 August 2010.

    Acheson, Nicholas V.; Williamson, Arthur P. (January 2007). "Civil society in multi-level public policy: the case of Ireland's two jurisdictions". Policy & Politics. Policy Press. 35 (1): 25. doi:10.1332/030557307779657711. Retrieved 23 August 2010.
  2. ^ "jurisdiction". West's Encyclopedia of American Law, Second Edition. thefreedictionary.com. Retrieved 13 April 2013.
  3. ^ Surdin, Ashley (2009-09-01). "3 Americans Charged With Traveling to Cambodia for Sex With Children". ISSN 0190-8286. Retrieved 2018-03-11.
  4. ^ "Copyright Infringement: British Man Faces Extradition To U.S." Deadline. 2012-01-14. Retrieved 2018-03-11.
  5. ^ "New web law - Man extradited to foreign prison for web site content". www.dba-oracle.com. Retrieved 2018-03-11.