Jurisdiction : (noun)
1: (law) the right and power to interpret and apply the law;
"courts having jurisdiction in this district" [syn: legal
power]
2: in law; the territory within which power can be exercised
Based on WordNet 2.0
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Jurisdiction : \Ju`ris*dic"tion\, n. [L. jurisdictio; jus, juris,
right, law _ dictio a saying, speaking: cf. OF. jurisdiction,
F. juridiction. See Just, a., and Diction.]
1. (Law) The legal power, right, or authority of a particular
court to hear and determine causes, to try criminals, or
to execute justice; judicial authority over a cause or
class of causes; as, certain suits or actions, or the
cognizance of certain crimes, are within the jurisdiction
of a particular court, that is, within the limits of its
authority or commission.
2. The authority of a sovereign power to govern or legislate;
the right of making or enforcing laws; the power or right
of exercising authority.
To live exempt Based on Heaven's high jurisdiction. --
Milton.
You wrought to be a legate; by which power You
maim'd the jurisdiction of all bishops. -- Shak.
3. Sphere of authority; the limits within which any
particular power may be exercised, or within which a
government or a court has authority.
Note: Jurisdiction, in its most general sense, is the power
to make, declare, or apply the law. When confined to
the judiciary department, it is what we denominate the
judicial power, the right of administering justice
through the laws, by the means which the laws have
provided for that purpose. Jurisdiction is limited to
place or territory, to persons, or to particular
subjects. --Duponceau.
Based on Webster's Revised Unabridged Dictionary
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JURISDICTION, Practice. A power constitutionally conferred upon a judge or
magistrate, to take cognizance of, and decide causes according to law, and
to carry his sentence into execution. 6 Pet. 591; 9 John. 239. The tract of
land or district within which a judge or magistrate has jurisdiction, is
called his territory, and his power in relation to his territory is called
his territorial jurisdiction.
2. Every act ofJurisdiction : exercised by a judge without his
territory, either by pronouncing sentence or carrying it into execution, is
null. An inferior court has no jurisdiction beyond what is expressly
delegated. 1 Salk. 404, n.; Gilb. C. P. 188; 1 Saund. 73; 2 Lord Raym. 1311;
and see Bac. Ab. Courts, &c., C, et seq; Bac. Ab. Pleas, E 2.
3. Jurisdiction is original, when it is conferred on the court in the
first instance, which is called original jurisdiction; (q.v.) or it is
appellate, which is when an appeal is given from the judgment of another
court. Jurisdiction is also civil, where the subject-matter to be tried is
not of a criminal nature; or criminal, where the court is to punish crimes.
Some courts and magistrates have both civil and criminal jurisdiction.
Jurisdiction is also concurrent, exclusive, or assistant. Concurrent
jurisdiction is that which may be entertained by several courts. It is a
rule that in cases of concurrent jurisdictions, that which is first seized
of the case shall try it to the exclusion of the other. Exclusive
jurisdiction is that which has alone the power to try or determine the Suit,
action, or matter in dispute. assistant jurisdiction is that which is
afforded by a court of chancery, in aid of a court of law; as, for example,
by a bill of discovery, by the examination of witnesses de bene esse, or out
of the jurisdiction of the court; by the perpetuation of the testimony of
witnesses, and the like.
4. It is the law which gives jurisdiction; the consent of, parties,
cannot, therefore, confer it, in a matter which the law excludes. 1 N. & M.
192; 3 M'Cord, 280; 1 Call. 55; 1 J. S. Marsh. 476; 1 Bibb, 263; Cooke, 27;
Minor, 65; 3 Litt. 332; 6 Litt. 303; Kirby, 111; 1 Breese, 32; 2 Yerg. 441;
1 Const. R. 478. But where the court has jurisdiction of the matter, and the
defendant has some privilege which exempts him from the jurisdiction, he may
wave the privilege. 5 Cranch, 288; 1 Pet. 449; 8 Wheat. 699; 4 W. C. C. R.
84; 4 M'Cord, 79; 4 Mass. 593; Wright, 484. See Hardin, 448; 2 Wash. 213.
5. Courts of inferior jurisdiction must act within their jurisdiction,
and so it must appear upon the record. 5 Cranch, 172 Pet. C. C. R. 36; 4
Dall. 11; 2 Mass. 213; 4 Mass. 122; 8 Mass. 86; 11 Mass. 513; Pr. Dec. 380;
2 Verm. 329; 3 Verm. 114; 10 Conn. 514; 4 John. 292; 3 Yerg. 355; Walker,
75; 9 Cowen, 227; 5 Har. & John. 36; 1 Bailey, 459; 2 Bailey, 267. But the
legislature may, by a general or special law, provide otherwise. Pet. C. C.
R. 36. Vide 1 Salk. 414; Bac. Ab. Courts, &c., C. D; Id. Prerogative, E 6;
Merlin, Rep. h.t.; Ayl. Pat. 317, and the art. Competency. As to the force
of municipal law beyond the territorial jurisdiction of the state, see
Wheat. Intern. Law, part a, c. 2, Sec. 7, et seq.; Story, Confl. of Laws, c.
2; Huberus, lib. 1, t. 3; 13 Mass. R. 4 Pard. Dr. Com. part. 6, t. 7, c. 2,
Sec. 1; and the articles Conflict of Laws; Courts of the United States. See
generally, Bouv. Inst. Index, h.t.
Based on Webster's Revised Unabridged Dictionary (1913)
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