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understanding jurisdiction: CLAT 2010 legal GK

jurisdiction: This is a crucial concept, for legal gk as well as legal reasoning. jurisdiction is the power of the court to try a case, or entertain a matter. this word can also be used in another sense, to indicate the area of power of any person/authority. for example, matters of homeland security is not within the jurisdiction of the chief-of-staff of the army. it is within the jurisdiction of the home ministry.

in case of courts, there can be different types of jurisdiction - subject matter jurisdiction (criminal courts can not try civil cases/ constitutional matters, they lack jurisdiction), territorial jurisdiction (bombay HC can not entertain a civil suit, the cause of action in which has arisen in kolkata), pecuniary jurisdiction (a sub-divisional court can not hear a case involving a dispute of property valued at 5 crores, but district court can).

Original jurisdiction is the right to hear a case at the first instance, and appellate jurisdiction is power to hear an appeal. In case of criminal cases, HC never has an original jurisdiction. that is why a criminal case can not be directly filed in the HC. however, it has appellate jurisdiction, that is why it can hear appeals coming from lower courts on criminal cases. the supreme court has the following types of jurisdiction:

a) original jurisdiction to hear cases under article 32 of the constitution (writ petitions) and in disputes between states/union of India

b) appellate jurisdictions: in civil and criminal cases. in case of a death sentence, a person has a right to be heard in appeal in the SC. it is mandatory for a death sentence to go through at least one appeal.

c) advisory jurisdiction: can advise the president on points of law - art. 143

d) Special leave petition: can hear almost any case under art 136

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Comment by Nikunj Rathore on February 20, 2010 at 1:43am
yeah...i cn bet u on tht.
Comment by Arnav Raj Chakravorty on February 19, 2010 at 2:31am
I also dont think that there will bw any notice abt it further.........
Comment by Alien on February 18, 2010 at 10:00pm
thats correct, but a notice is expected.
Comment by Nikunj Rathore on February 18, 2010 at 8:17pm
alien ...thre is no guantee tht they will cme up with notice too
Comment by Alien on February 11, 2010 at 12:32am
well, no one knows for sure, even the clat committee. it is a good idea to prepare for both till the decide and come up with a notice.
Comment by Nikunj Rathore on February 7, 2010 at 11:23am
will there be legal REASONING or just legal GK?
BIGGEST DOUBT TILL DATE >>>
Comment by Ramanuj Mukherjee on February 3, 2010 at 5:44pm
hi arnav, make it a point to go through all that we are discussing about legal gk on this website, check out the discussions on the forum. ask any specific queries u may have. read the blogpost called "a beginners guide to clat" it had suggestions on books.

u shd read universals guide to LLB or the lexis nexis book on clat. are u taking any course from any coaching? focus a lot on legal terms and vocabulary.
Comment by Arnav Raj Chakravorty on February 3, 2010 at 3:15pm
Sir..This is Arnav.........
Please help me out for preparation of Legal Reasoning and Aptitude.................
Please if u can help me out by suggesting measures of studying and books .........

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