Concurrent jurisdiction exists where two or morecourts from different systems simultaneously havejurisdiction over a specific case.
In theUnited States,state courts are presumed to have concurrent jurisdiction in federal matters, unless explicitly stated otherwise in the U.S. Constitution or in the particular federal statutory provision in issue.[1] Concurrent jurisdiction also exists to the extent that theUnited States Constitution permitsfederal courts to hear actions that can also be heard bystate courts. For example, when a party fromAlabama sues a party fromFlorida for abreach of contract, the Alabama party can sue in an Alabama state court to the extent the defendant submits to jurisdiction, or federal court (under federaldiversity jurisdiction), or in the state court located in Florida (under itspersonal jurisdiction over the defendant).
Concurrent jurisdiction in the United States can also exist between different levels of state courts, and between courts and other government agencies with judicial powers. Different countries can also share concurrent jurisdiction over a case, where different countries have authority over the parties or events giving rise to the cause of action.
Title 28 of the United States Code, sections 1331 & 1332 give federal courts concurrent jurisdiction with the state courts over federal question and diversity cases.
In theMiddle Ages, theChurch expanded its jurisdiction in many areas ofEurope widely beyond the original scope ofecclesiastical courts concerning spiritual or religious matters, thereby creating concurrent jurisdiction in many civil cases with the courts instituted bysecular authorities.[2]
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