Due Process Laws

“Limitations provisions of extradition treaty, no less than any found in domestic law represents an important right of the accused. 18 U.S.C.A. 3288” [Caplan v. Vokes No. 79-2662, Argued Oct. 8, 1980, Decided July 6, 1981]

EXTRADITION

U.S. CONSTITUTION

Article IV

Section 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

Amendment XIII

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

Jurisdiction

One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case. A jurisdictional question may be broken down into three components:

• whether there is jurisdiction over the person (in personam),
• whether there is jurisdiction over the subject matter, or res (in rem), and
• whether there is jurisdiction to render the particular judgment sought.

• The term jurisdiction is really synonymous with the word "power". Any court possesses jurisdiction over matters only to the extent granted to it by the Constitution, or legislation of the sovereignty on behalf of which it functions. The question of whether a given court has the power to determine a jurisdictional question is itself a jurisdictional question. Such a legal question is referred to as "jurisdiction to determine jurisdiction."

Subject matter jurisdiction is the court's authority to decide the issue in controversy such as a contracts issue, or a civil rights issue. State courts have general jurisdiction, meaning that they can hear any controversy except those prohibited by state law (some states, for example, deny subject matter jurisdiction for a case that does not involve state citizens and did not take place in the state) and those allocated to federal courts of exclusive jurisdiction such as bankruptcy issues (see §28 U.S.C. 1334). Federal courts have limited jurisdiction in that they can only hear cases that fall both within the scope defined by the Constitution in Article III Section 2 (http://www.law.cornell.edu/constitution/constitution.articleiii.html#section2) and Congressional statutes (See 28 U.S.C. §1251, §1253, §1331, §1332).

Territorial jurisdiction is the court's power to bind the parties to the action. This law determines the scope of federal and state court power. State court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fourteenth Amendment (http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html) and the federal court territorial jurisdiction is determined by the Due Process Clause of the Constitution's Fifth Amendment (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv).

Other forms of jurisdiction include appellate jurisdiction (the power of one court to correct the errors of another, lower court), concurrent jurisdiction (the notion that two courts might share the power to hear cases of the same type, arising in the same place), and diversity jurisdiction (the power of Federal courts to hear cases in which the parties are from different states). An example showing the interplay of diversity jurisdiction with subject-matter jurisdiction is Grupo Dataflux v. Atlas Global Group, L. P. (02-1689), 541 U.S. 567 (2004)

U.S. Constitution

• · Article III, Section 2 (http://www.law.cornell.edu/constitution/constitution.articleiii.html#section2)
• · 11th Amendment (http://www.law.cornell.edu/constitution/constitution.amendmentxi.html)
• · CRS Annotated Constitution (http://www.law.cornell.edu/anncon/search/index.html?query=jurisdiction)

Federal Statutes

• · U.S. Code:
• · 28 U.S.C., Part IV - Jurisdiction and Venue
• · 28 U.S.C., Chapter 91 - Claims Against the U.S.
• · §28 U.S.C. 1295 - Court of Appeals for the Federal Circuit]
• · 28 U.S.C., Chapter 85 - Jurisdiction of District Courts
• · 28 U.S.C., Chapter 89 - Removal Jurisdiction
• · 18 U.S.C., Chapter 211 - Jurisdiction in Criminal Cases

Federal Judicial Decisions

• · U.S. Supreme Court:
• · Recent Jurisdiction Decisions (http://www.law.cornell.edu/supct/search/index.html?query=jurisdiction)
• · liibulletin Oral Argument Previews (http://www.law.cornell.edu/supct/cert/search/index.html?query=jurisdiction)
• · U.S. Circuit Courts of Appeals: Recent Jurisdiction Cases (http://www.law.cornell.edu/usca/search/index.html?query=jurisdiction)

State Material

State Statutes

• · State Statutes Governing Courts (http://www.law.cornell.edu/topics/state_statutes.html#courts)

Judicial Decisions

• · N.Y. Court of Appeals:
• · Recent Jurisdiction Decisions (http://www.law.cornell.edu/nyctap/search/index.html?query=jurisdiction+not+liibulletin)
• · Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+jurisdiction)
• · Appellate Decisions from Other States (http://www.law.cornell.edu/states/)

other topics

Category: Courts and Procedure

Retrieved from "http://www.law.cornell.edu/wex/index.php/Jurisdiction"