legal word of the day: JURISDICTION
POL: właściwośc sądu, jurysdykcja, uprawnienie (kompetencja) do rozpoznawania i rozstrzygania danej sprawy
ENG: the authority of a court to hear a case
Jurisdiction may extend over
o
a specific geographic
area
o
certain persons
o
certain kinds of
cases (specific jurisdiction as opposed to general jurisdiction)
o
the case may be dismissed
o
or its result may be overturned in a subsequent action.
to OVERTURN – zmienić (to say officially that something such as a decision or law is wrong and change it)
SUBSEQUENT – późniejsza (happening later on)
(1) The case was a simple drug possession case. The defendant ran a red light. Patrol cop pulled him over. The cop saw a gun in the car, then searched the defendant and found drugs.
At the trial, the first witness was the patrol officer. The D.A. established the officer as an on duty police officer, then went into this line of questioning.
“You stopped the car at the intersection of Broadway and Dobson?”
“Is that intersection in the City of Mesa?”
“Is that intersection in the County of Maricopa?”
“Is that intersection in the State of Arizona?”
The D.A. then moved on to a different line of questioning, but I was asking myself what were those questions about. I must admit I ignored the proceedings for a few minutes until it finally dawned on me the D.A. was establishing the jurisdiction. Establishing the jurisdiction is probably a routine part of every trial, but for me, a virgin juror, the questions seemed almost random.
The D.A. = District Attorney – prokurator okręgowy (a representative of the government in criminal cases)
to ESTABLISH – ustalić (to discover or get proof of something)
a LINE OF QUESTIONING – metoda przesłuchiwania, tu: ciąg pytań (an ordering of questions so as to develop a particular argument)
a COUNTY – hrabstwo (a political subdivision of a state)
PROCEEDINGS – postępowanie (action taken in a court to settle a dispute)
a JUROR – członek ławy przysięgłej (a member of the jury, a lay group which enters a verdict)
(2) Concurrent jurisdiction means that both the state and federal court
have jurisdiction over the matter.
CONCURRENT
JURISDICTION (a situation in which two or more courts from different systems
simultaneously have jurisdiction over a specific case)
(3) Under federal and state laws and court
rules, a court may exercise authority
only if it has two types of jurisdiction: personal and subject matter. Personal Jurisdiction is the authority that a court has over the
parties in the case. Subject
Matter Jurisdiction is a court's authority over the particular claim or controversy.
UNDER THE LAW
– zgodnie z danym prawem (according to, pursuant to)
to EXERCISE
SOMEONE’S AUTHORITY – korzystać z uprawnienia (to use one’s power)
PERSONAL
JURISDICTION – właściwość osobowa (a court's jurisdiction over the parties to a
lawsuit)
SUBJECT
MATTER JURISDICTION – właściwość rzeczowa (a court’s jurisdiction over the law
and facts involved in the suit)
(4) In some cases (such as
bankruptcy and maritime cases) the
federal courts will have exclusive
jurisdiction, which means that only the
federal trial courts may hear such
claims, not the state courts.
MARITIME CASE – sprawa dotycząca
prawa morskiego (związana z żeglugą morską/korzystaniem z morza) (a case
connected with the sea waters)
EXCLUSIVE JURISDICTION –
wyłączna właściwość/ jurysdykcja (a situation in which one
court has the power to adjudicate a case to the exclusion of all other courts)
to HEAR A CLAIM – orzekać w
sprawie (to decide a case)