Legal Definitions - concurrent jurisdiction

Concurrent jurisdiction refers to a situation where two or more different courts have the authority to hear the same type of legal case. When courts have concurrent jurisdiction, the party initiating the lawsuit (the plaintiff) typically has the option to choose which of these courts to file their case in. This choice can be influenced by factors such as court procedures, speed of resolution, or perceived favorability of one court over another.

This concept is most commonly seen in the United States when comparing the powers of federal courts and state courts. Many types of cases can be heard in either system. Similarly, within a single state, a court of general jurisdiction (which hears a wide variety of cases) might share authority with a specialized court (like a small claims court or a family court) over specific kinds of disputes.

• Example 1: Interstate Car Accident

  Imagine a scenario where a driver from New York is involved in a car accident with a driver from New Jersey, and the accident occurs in Pennsylvania. If the damages resulting from the accident are substantial (exceeding $75,000), the injured party could potentially sue in a Pennsylvania state court because the accident happened there. However, because the drivers are from different states and the amount in dispute is high, the case could also be filed in a federal court in Pennsylvania under what's known as "diversity jurisdiction." This illustrates concurrent jurisdiction because both the state court and the federal court have the legal power to hear the personal injury claim.

• Example 2: Federal Consumer Protection Claim

  Suppose a consumer believes a debt collection agency has violated their rights under the Fair Debt Collection Practices Act (FDCPA), which is a federal law. While federal courts are generally responsible for interpreting and enforcing federal laws, Congress has also granted state courts concurrent jurisdiction to hear FDCPA claims. This means the consumer could choose to file their lawsuit either in a federal district court or in an appropriate state court, such as a state's general civil court. Both judicial systems are empowered to address the alleged violation of the federal statute.

• Example 3: Small Business Contract Dispute

  Consider a small business owner in a particular state who is owed $4,000 by a client for services rendered, based on a breach of contract. In many states, the business owner could file a lawsuit in the state's general civil court (often called a District Court or Superior Court), which handles a broad range of civil disputes. However, many states also have a specialized "small claims court" designed for simpler cases involving smaller monetary amounts, often with less formal procedures. Since the $4,000 claim falls within the monetary limits of the small claims court, both the general civil court and the small claims court would have concurrent jurisdiction, allowing the business owner to choose the forum they prefer.