2.11: What is a jurisdiction? What are the different kinds?
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This article is from the Lawful Arrest/Search/Seizure FAQ, by Ahimsa Dhamapada ahimsa@mu.clarityconnect.net with numerous contributions by others.
2.11: What is a jurisdiction? What are the different kinds?
The Constitution defines 3 jurisdictions of lower courts, and
a very limited federal jurisdiction for dealing mainly with
conflicts between states. According to the Constitution,
THERE IS NO SUCH THING AS A FEDERAL CRIME!
"Well, don't make a federal offense out
of it!" -- Larry, The Three Stooges
Here are the 3 jurisdictions of the lower courts:
1. Criminal (victims with injury)
2. Civil/Equity (contract disputes)
2. Admiralty (Military or At Sea)
The Constitution asserts certain rights for people accused of
serious crimes (criminal or capital offenses). But if you
ask a judge the jurisdiction of the court you will often get
a fuzzy of vague definition like "this court has general
jurisdiction". They will not say that this is a criminal
court, because then you might invoke your rights as a
criminal suspect!
If you challenge the courts jurisdiction over you, they
must prove it. They must show that they have the following:
1. Subject matter jurisdiction (they are governed by rule of law, and
the laws must be in accord with the Constitution)
2. Geographic jurisdiction (they can't arrest you out of their district)
2. Personal jurisdiction (you had to violate a just law)
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