Page:Black's Law Dictionary (Second Edition).djvu/681

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


JURISDICTION

Jurisdiction is a power introduced for the public good, on account of the necessity of dispensing justice. 10 Coke, 73a.

JURISDICTION. The power and illi- Lhorlty constitutionally conferred upon (or ciiivstitutionally recognized as existing in) a (‘uurt or judge to pronounce the sentence of the law, or to award the «remedies provided by law, upon a state of facts. proved or ad- mitted. ieleired Do the tiibiiiial for decision, and authorized by law to be the subject of

. investigation or action by that tribunai, and

in faior of or against persons (or a na) who present thciuseives, or who are brought. before the court in some manner sanctioned by iaiv as proper and sufficient. 1 Biack, J udgm. 5 ‘ ’. And see Nenno v. Rniiroad Co., 105 Mo. .-\pp. 540. 80 S. W. 24 ' Ingram v. Fusou, 11S Ry. BS2. 82 S. W. (106, ’I.‘od v. Crisman,

"3 Iowa. 693. 99 N. W. (386: Harrigau V. Gilchrist. 121 Wis. 127, 99 N. W. 909; Wight- niun v. Kai-sner. 20 Ala. 431; Reynolds v. Stockton. 140 U. s. 254, 1.1 sup. Ct. 773. 35 i. Ed. 46-1: Tcmpietun v. Ferguson, 89 Tex. 47. 33 S. W. 329; Succession of Weigei, 17 La. Ann. 70.

Jurisdiction is a power constltutionaily ronferred upon a judge or magistrate to take cognizance bf and determine causes according to law, and to carry his sentence into execution. U. S. v. Arredondo. 6 Pet. 691, B L. Ed. 547; Yates Y. Lansing. 9 Johns. (i\'. Y.) 413. 6 Am. Dec. 290; Jobnson v. Jones, 2 Neb. 135.

'lhe authority of a court as distingnishsd from the other di-partrnents; judiciai power consid- cred with reference to its scope and extent as respects the oestions and persons subject to lt; power given y law to hear and decide contro- versies. Abbott.

Jurisdiction is the power to bear and determine the subject-matter in controversy between parties to the suit: to adjudicate or exercise any judiciai power over them. Rbode Island iéslglsssachusetts, 12 Pet. 657. 717. 9 L. Ed.

L

Jurisdiction is the power to hear and determine a muse; the authority by which judicini officers trike cognizance of and decide causes. Brownsvilie v. Busse. 43 Tex. 4-10.

—Appella.l:e jurisdiction. The power and authority to take cognizance of a cause and pro- (‘ecd to its determination, not in its iuitiai Sta,- es, but only after it has been finally decided by an inferior court, 1'. e, the pan or of review and determination on appeal, writ of error. certiorari, or other similar proccss.—Cnncn1-rent jurisdiction. The jurisdiction of severai differanl tribunals. both authorized to deal with the same -iuhjcct-inatter at the choice of the suitor State v. Sinnott, 89 Me. 41, 35 Atl. 1007; Rogers v. Bennett, 2 Old. 55. 37 Pac 1(Yi'S; lleruiles Iron Works v. Raiirnad Co. 141 Ill. 491. 30 N. E. 1050.—Contentimu jun risdiction. In English ccclesiasticiil law. That liranch of the jurisdiction of the ecclesiastical coiirts which ls eYcr<'ise(l upon advcrs-iry or cont:-iitions (oppnscd. iiti,-nited) proceedings. —Cn-ordinate jurisdiction. That which is pnsses-:_cd by courts of equal rank. deirree. or authority. cquaily competent to deai with the matter in question, whether belonging; to the some or different systems; concurrent jurisdiction.-—C:riminu.l jurisdiction. That viiiich exists for the trial and punishment of criminal

Bl.Law Dict.(2d Ed.)—43

673

JURISDICTION

olfenses; the authority by which judicial of- 'ce1s take cognizance of and decide criminai cases. Ellison v. State. 125 Ind. 492. . E. 739: In re City of Buifalo. 139 N. Y. 42?, 34 N. E 1l03.—Eqnity jurisdiction. In a generni sense, the jurisdiction belonging to a court of cquity, but more particularly the aggregate of those cases, controversies, and occasions which form proper subjects for the exercise of the powers of a chancery court. See Anderson v. Carr. 65 Hun. 179, 19 N. Y. Supp. 992: I‘:-npie v. \IcKane. 7% Him, 154, 28 IV. Y. pp. {H}. —I‘ox-eigu jurisdiction. Ariy jurisdiction foreign to that of the forum. Also the exercise by a state or nation of jurisdiction beyond its own territory, the right being acquired by treaty or otherwise —Generu1 jurisdiction. Such as extends to ail controversies that may be brought before a court within the legal bounds of rights and remedies; as opposed to special or limited inrisdiction, which covers only ri particular class of cases, or cases whero the amount in contro- versy is below a prescribed sum, or which is subject to specific exceptions. The terms “general" and “sneci::il." applied to jurisdiction. indicate the difference between a legal authority extending to the whole of a particuiar subject and one limited to a part; and, when nppiied to the terms of court, the occasion upon which these powers can he respectiveiy exercised. Gricie v. Freeland, 1 N. Y. 232 —Lim.ited ju- risdiction. This term is ambiguous, and the booirs sometimes use it without due precision. It is sometimes careiessiy employed instead of “spe(~iai." The true distinction between courm is between such as ‘possess a gonerai and such us have only a special jurisdiction for a partic- uiar purpose, or are ciothcd with spe<:'ai powers for the performance Obcrt v. 1'Iammei. 18 N. J Law. 73.—0riginn.1 jurisdiction. Juris- diction ln the first instance; jurisdiction to take cognizance of a cause at its inception. try it‘ and pass judgment upon the law and facts Distin.-ruisbcd from appvllfl-is jurisdiction.—Pro- bate jurisdiction. Such juiisdiction as ordinariiy pertains to probate. orphans‘, or surrogates’ courts. inciuding the establishment of wills, the administration of estates, the super- vising of the guardianship of int“ nts, the nliot- mcnt of dowcr. etc. See Richardson v. Green, 61 Fed. 423. 9 C. C. A 565: Chadwick v. C m‘ '. 6 Mont. 566. 13 Pac. 3S5.—Speciul j - risdiction. A court authorized to take cogni- zanr-o of only some few kinds of cans:-s or proceedings expressiy designated by statute is rail- ed a “court of speciai jnrisdiction."—Summary jurisdiction. The jurisdiction of a court to give a judgment or make an order itself forth- with; e. g.. to commit to prison for contempt; to punish maipraclice in a soiicilor” nr. ln the case of justices of the peace. a jurisdiction to convict an offender themseives instcad of com- mitting him for trial by a. jury. “’barton.— Territorial jurisdiction. Jurisdiction considered us iiniited tn L'ii.‘-‘Q5 arising or persons residing within a defined territory, as, a connty. a judicial district, etc. The authority of any court i. limited ivy the boundaries riiiis ti '- ed. Sec Pbiilips v Tbralls 536 Ran 7S‘l.—Vo untary jurisdiction. In English law .\ J .- risdiction exoicised by certain ecciesr -v ‘i ii courts. in matters where there is no 0 vii-T 1. K 3 Bi Comm. 66. The opposite of co. Irri viii! jurisdiction, (q. o.) In Scotch law v cised in matters admitting of no Oppus question. iiud therefore ccgnizahlc by any ji i-, and in any place, and on any lawl l dav. :‘ ‘Ll. —Jur-isdietion clan.-ze-. In cv uity practice. That part u[ a bill which is intended to give iu- L risdiction of the suit to the court by ti er‘ ral averment that the acts complained of are contrary to equity, and tend to the injury of the coinplairiant, und that be has no remedy, or not a complete remedy, without the assi court of equity, is called the “ju silictioa

clause." Mitf. Eq. Pl. 3. M