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🏛️ Concurrent Jurisdiction

Authority shared by two or more courts to hear the same type of case.

Concurrent Jurisdiction

Concurrent jurisdiction means two or more courts have the power to hear the same case. The plaintiff gets to choose where to file. That choice can be strategic. Federal court and state court might both have authority over a dispute, and the two venues can differ in speed, expertise, and jury pools.

In the US system, concurrent jurisdiction often arises when a federal question and a state claim are mixed, or when parties are from different states and the amount in controversy exceeds a threshold. Diversity jurisdiction allows a federal court to hear a state-law claim if the parties are from different states and the amount exceeds $75,000.

Why concurrent jurisdiction matters

Concurrent jurisdiction is different from exclusive jurisdiction, where only one court can hear the case. Bankruptcy and patent cases, for example, are exclusive to federal courts. Concurrent jurisdiction creates options, and options create strategy. A skilled lawyer thinks carefully about where to file, because the choice can shape the entire life of the case.

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