Civil procedure: Federal Rules of Civil Procedure: Jurisdiction

Civil procedure doctrines are rules developed by case law as opposed to being set down in codes or legislation, which, together with court rules and codes, define the steps that a person involved in a civil lawsuit can (or cannot) take.

Purpose.

In the United States federal jurisdiction, these doctrines have developed to comprehensively deal with certain common issues that arise when a person is involved in bringing, or contemplating bringing a civil lawsuit.

Other jurisdictions.

Similar doctrines exist In other jurisdictions, (however they are sometimes referred to under names other than 'Doctrines of Civil Procedure'), although often they have much less importance.

For example, in England and Wales, all civil procedure is covered by the Civil Procedure Rules 1998, which according to Part 1 of those rules are a 'new procedural code', and have therefore largely replaced any pre-existing doctrines.

Jurisdiction (from Latin juris 'law' + dictio 'declaration') is the legal term for the authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.

Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society.

International dimension.

Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when many states can prescribe or enforce jurisdiction. The Lotus case establishes two key rules to the prescription and enforcement of jurisdiction. The case outlines that jurisdiction is territorial and that a state may not exercise its jurisdiction in the territory of another state unless there is a rule that permits this. On that same note, states enjoy a wide measure of discretion to prescribe jurisdiction over persons, property and acts within their own territory unless there was a rule that prohibits this.