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Why You Have to Pay Attention to Jurisdiction in Your Defense Base Act Claim

 

How Jurisdiction Affects Your Defense Base Act Case

Most people use jurisdiction to mean the location of the court where you must file your DBA claim. Different regions are governed by different courts, and you will need to file at the office that has the legal authority over your case. However, jurisdiction also concerns which laws can be applies to a particular case, as well as which courts have a right to review or make a ruling on your case.

Jurisdiction may impact a case in the following ways:

Location:

For Defense Base Act cases, jurisdiction is determined by where you live. The district office where you are required to file your claim is responsible for issuing your Compensation Order. This district office will then determine which Circuit Court of Appeals law applies to your DBA case.

General Cases:

Courts may be designated in one of two ways: as a court of general jurisdiction, or as a court of special jurisdiction. General jurisdiction means that a trial court is empowered to hear all cases. Courts of general jurisdiction can include district courts, superior courts, or supreme courts.

Special Cases:

Courts of special jurisdiction are empowered to hear only certain kinds of cases. Special jurisdiction courts include the federal tax court and bankruptcy court.

Appellate Courts:

Courts may be limited in the power they have over a case. A court that has original jurisdiction is empowered to conduct a trial, but a court that has only appellate jurisdiction is limited to reviewing the trial court proceedings for errors. Courts that hear DBA cases have many appellate courts, giving DBA insurance companies many different chances to deny your claim.

 

Find out more about how to win your DBA Case no matter what court you are in with "Win Your Defense Base Act Case".

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William Turley
“When I seek out professional advice, I don’t want B.S., I want it straight up. I figure you do also.”

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