Define jurisdiction and explain how you determine whether an authority is binding in a given case.

Define jurisdiction and explain how you determine whether an authority is binding in a given case.

• A. Jurisdiction is the geographic area where a court can hear cases, with no regard to subject matter or hierarchy.
• B. Jurisdiction is the court's willingness to hear a case based on policy.
• C. Jurisdiction is the power of a court to decide a matter; binding authority comes from the hierarchical structure within that jurisdiction.
• D. Jurisdiction is the court's authority to interpret statutes; binding authority is based on consensus.

Answer: (D)

Jurisdiction is the court’s authority to hear and decide a matter, determined by the nature of the case, who is involved, and where or under which court system the case sits. To determine whether an authority is binding, look to the hierarchy within that jurisdiction. A higher court’s decision on the same legal issue binds lower courts in that jurisdiction; statutes and constitutional provisions within the jurisdiction are binding as well. Decisions from other jurisdictions may be persuasive but not binding. Binding authority is not about consensus or about a court’s willingness to hear a case. So the best guidance is that jurisdiction concerns a court’s power to decide a matter, and binding authority arises from the hierarchical structure within that jurisdiction.

Jurisdiction is the court’s authority to hear and decide a matter, determined by the nature of the case, who is involved, and where or under which court system the case sits.

To determine whether an authority is binding, look to the hierarchy within that jurisdiction. A higher court’s decision on the same legal issue binds lower courts in that jurisdiction; statutes and constitutional provisions within the jurisdiction are binding as well. Decisions from other jurisdictions may be persuasive but not binding. Binding authority is not about consensus or about a court’s willingness to hear a case.

So the best guidance is that jurisdiction concerns a court’s power to decide a matter, and binding authority arises from the hierarchical structure within that jurisdiction.