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General Theory of Procedure: Jurisdiction and its limits · Concept and Features of Jurisdiction

What jurisdiction is, how it differs from competence and other state powers, and the principles that shape how judges exercise it.

For learning, not legal advice: for your own case, ask a lawyer.

General Theory of Procedure · 22 questions

Try 3 questions

1. In procedural theory, what is jurisdiction?

  1. The physical territory where a court sits
  2. The state's power to decide disputes with binding force
  3. A citizen's right to bring a lawsuit
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Answer: The state's power to decide disputes with binding force

Jurisdiction is a function of the state: the power to settle disputes by applying the law with binding effect. The right to sue is a separate concept, called action.

2. How does procedural theory define competence, as distinct from jurisdiction?

  1. The power to enforce a judgment by force
  2. The share of jurisdiction assigned to each court
  3. A judge's personal expertise in a legal field
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Answer: The share of jurisdiction assigned to each court

Competence is often called the 'measure' of jurisdiction: the law splits the single judicial power among courts by subject, territory, value or stage.

3. A judge assigned to civil cases receives a criminal case. Following the classic maxim, what does that judge lack?

  1. Jurisdiction, but not competence
  2. Competence, but not jurisdiction
  3. Both jurisdiction and competence
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Answer: Competence, but not jurisdiction

The maxim says every judge has jurisdiction, but not every judge has competence. The judge still holds the state's judicial power, just not for this kind of case.

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