Jurisdiction - The Jurisdiction Between and Within States - National

National

Many nations are subdivided into states and provinces (i.e. a subnational "state"). Federation (as can be found in Australia, States of Brazil, India, Mexico and the United States) and these subunits will exercise jurisdiction through the court systems as defined by the executives and legislatures.

When the jurisdictions of governmental entities overlap, one another—for example, between a state and the federation to which it belongs—their jurisdiction is shared or concurrent jurisdiction.

Otherwise, one government entity will have exclusive jurisdiction over the shared area. When jurisdiction is concurrent, one governmental entity may have supreme jurisdiction over the other entity if their laws conflict. If the executive or legislative powers within the jurisdiction are not restricted or restricted only by a number of limited restrictions, these government branches have plenary power such as a national policing power. Otherwise, an enabling act grants only limited or enumerated powers.

The problem of forum shopping also applies as between federal and state courts.

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