As the Court explained, the Federal Court has concurrent jurisdiction with the provincial superior courts over claims against the Federal Crown. The Federal Court’s exclusive jurisdiction regarding judicial review of federal boards, commissions and tribunals is an exception to this concurrent jurisdiction.
What is considered concurrent jurisdiction?
Two or more courts have concurrent jurisdiction over a case if all of the courts have the power to hear it. … Similarly, a state court of general jurisdiction might have concurrent jurisdiction with specialized courts in the same state, such as family courts or small claims courts.
What is an example of a concurrent jurisdiction?
Therefore, federal and state courts may have concurrent jurisdiction over specific crimes. For example, a person who robs a bank may be tried and convicted in state court for robbery, then tried and convicted in federal court for the federal offense of robbery of a federally-chartered savings institution.
What is the difference between jurisdiction and concurrent jurisdiction?
Jurisdiction is the authority of a court to hear a case. Exclusive jurisdiction is when cases can only be heard in federal courts and concurrent jurisdiction is when cases can be heard in both federal and State courts.
What is the difference between original and concurrent jurisdiction?
…made in a lower court; concurrent jurisdiction, in which jurisdiction may be exercised by two or more courts over the same matter, within the same area, and at such time as the suit might be brought to either court for original determination; and original jurisdiction, in which the court holds…
What is an example of concurrent?
The definition of concurrent is things that are happening at the same time. An example of concurrent are two TV shows that are both on at 9:00. Meeting or tending to meet at the same point; convergent.
What would happen if it is a concurrent jurisdiction?
Concurrent jurisdiction allows more than one court to have the authority to hear the same case. This plays out in civil cases as well as criminal cases. … Concurrent jurisdiction can also occur between federal and state courts as well.
What are examples of concurrent powers?
Concurrent powers refers to powers which are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts.
What are exclusive and concurrent jurisdiction?
Exclusive jurisdiction means only a certain court can hear a case, while concurrent jurisdiction means shared jurisdiction and more than one court can…
What is the meaning of territorial jurisdiction?
Territorial jurisdiction refers to power of the court to inquire and proceed with the trial of matter that is presented before it. The following is brief description of the law on territorial jurisdiction.
What happens when the state and federal governments have concurrent jurisdiction?
When either a federal or state court could hear a case, as when state and federal laws overlap, the two courts have concurrent jurisdiction. … Exclusive jurisdiction allows only federal courts to hear and decide cases while concurrent allows both state and federal to hear and decide cases.
What are some examples of exclusive and concurrent jurisdiction courts?
For example, under 28 U.S.C. § 1338(a), the federal courts have exclusive jurisdiction over cases involving patents and copyrights. In other contexts, however, the federal and state courts enjoy ‘concurrent jurisdiction,’ which means that either forum may adjudicate a case.