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Exclusive jurisdiction

Law Exclusionary ruleEx-convict

exclusive jurisdictionThe matter can only be filed in one court.
ex contractuArising from a contract.
ex delictoArising from a wrong, breach of duty. See tort.

 


Exclusive jurisdiction
Definition
: jurisdiction granted only to a particular court to the exclusion of others <federal courts have exclusive jurisdiction over bankruptcy cases>
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Its exclusive jurisdiction is also extensively exercised in granting special relief beyond the reach of the common law.

continuing exclusive jurisdiction: Theory that only one support order should be valid between the same people at a time. And when a court hears a child support case, it can add to and change that order.

It will exercise, in many cases, an exclusive jurisdiction. This it does in all cases of morely equitable rights, that is, such rights as are not recognized in courts of law. Most cases of trust and confidence fall under this head.

It may be noted that in 1893 the Court of Arbitration on the Bering Sea Fisheries found that Russia had never claimed or exercised exclusive jurisdiction over the Bering Sea outside territorial waters and that the United States had no further right ...

In other instances a state or federal court has exclusive jurisdiction over a particular legal matter.

The federal courts derive their exclusive jurisdiction over this field from the Judiciary Act of 1789 and from Article III, ยง 2 of the U.S. Constitution. Congress regulates admiralty partially through the Commerce Clause.

Under UIFSA, a state can lose continuing exclusive jurisdiction if, for example and as discussed above, if none of the children or parents live in the state or if there is an agreement to transfer the file to another state.

The UCCJEA provides that if there is no prior custody order, the state where a child lived for the past six months will have exclusive jurisdiction.

When a proceeding in respect of a certain subject matter can only be brought in one court, that court is said to have exclusive jurisdiction; when it can be brought in any one of several courts, they are said to have concurrent jurisdiction.

This court also has exclusive jurisdiction over all juvenile proceedings, mental health hospital commitments and domestic relations cases.

It was a court in the City of Detroit that had exclusive jurisdiction over civil cases involving claims up to $5,000 and concurrent jurisdiction with Wayne County Circuit Court over civil cases involving claims up to $10,000.

Territorial waters: that portion of the sea up to a limited instance which is immediately adjacent to the shores of any country and over which the sovereignty and exclusive jurisdiction of that country extend.

For example, if a defendant is sued in state court and the case involves interpretation of patent or trademark rights (issues upon which our federal courts have exclusive jurisdiction) then he may move the court to have the case removed to federal ...

See also: Court, Jurisdiction, Law, Action, Cases

Law Exclusionary ruleEx-convict

 
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