Venue vs Jurisdiction
当法律背景下都使用时,场地和管辖权之间的差异很重要。这是因为场地和管辖权都在表面上说明了一个地方。也就是说,这两个术语是在适当法院使用管辖权时感到困惑的authorityto hear a particular case and when venue refers to the court in which the case is to be held. Jurisdiction, in general, refers to the authority or control a particular body has over something or to the extent to which the body can exercise its authority or control over something. This article gives a clear description of the two terms, venue and jurisdiction, and the difference between both.
What does Jurisdiction mean?
The word jurisdiction is derived from the Latin ‘juris’ meaning ‘oath’ and ‘dicere’ meaning ‘to speak’. It is the authority granted to constituted legal body or a political leader to deal with legal matters and also to directjustice在责任领域。司法管辖区还用来表示授予构成法律机构或政治领导人处理法律事务并指导正义的政府机构的地理区域。从这个意义上讲,很明显,管辖权是可以行使权威的地区以及授予的权威。这就是为什么一些警察说他们在某个地区没有管辖权的原因。这意味着他们无权在某个地区采取行动,如果它在其权力的地区之外。
There are three concepts of jurisdiction, namely,personal jurisdiction, territorial jurisdiction and subject matter jurisdiction.The authority over a person is called personal jurisdiction. The location of the person is not important when it comes to personal jurisdiction. The authority confined to a bounded place is called territorial jurisdiction. The authority over the subject of the questions pertaining to law is called subject matter jurisdiction.
Jurisdiction also can be used to define a court’s authority. A court may be designated or empowered to hear only certain cases. So, it may not be the proper court to hear the cases or conducttrialsoutside its jurisdiction. As a matter of fact, courts may have jurisdiction that is exclusive or shared too. The court alone becomes authorized to address on legal matters if it is characterized by exclusive jurisdiction over a specified area or territory. On the other hand, more than one court can address the matter if a court has shared jurisdiction. Waiving, which is done with regard to venue, is not possible in the case of jurisdiction since jurisdiction is all about authority.
What does Venue mean?
Venue, on the other hand, is the location where a case is heard. It is interesting to note that the venue is either a county or a district in the United States. Venue deals with locality of a lawsuit. In short, it can be said that the venue decides the place a lawsuit may be filed.
It is quite important to know that defendants can waive venue at the time of trial. Plaintiffs can waive venue at the time of the trial. Change of venue is done in bothcivil and criminalcases. In civil cases, a change of venue can be done if neither party lives or does business in the jurisdiction where the case is heard. In criminal cases, venue change is asked mainly because the witnesses want a陪审团that is not acquainted with them and is not exposed to the case before through media and such.
What is the difference between Venue and Jurisdiction?
• Jurisdiction is the territory within which the authority is granted to deal with legal matters and to direct justice.
• Jurisdiction also refers to the power to make legal decisions and judgments.
• Venue, on the other hand, is the location where a lawsuit may be filed; case is heard.
• There are three types of jurisdiction as personal, territorial and subject matter. In the case of personal jurisdiction, venue is not important.
图像提供:
发表评论