Legal Dictionary of Pakistan

Arising-in jurisdiction

see jurisdiction.

Boni judicis est ampliare jurisdictionem

(or justitiam). It is the role of a good judge to enlarge (or use liberally) his jurisdiction (or remedial authority).

Cujus juris (i.e., jurisdictionis) est principale, ejusdem juris erit accessorium

An accessory matter is subject to the same jurisdiction as its principal.

Est boni judicis ampliare jurisdictionenz.

I t is the role of a good judge to extend the jurisdiction.

Jurisdiction

n. 1. A government's general power to exercise authority over all persons and things within its territory <New Jersey's jurisdiction. 2. A court's power to decide a case or issue a decree <the constitutional grant of federal-question jurisdiction>. 3. A geographic area within which political or judicial authority may be exercised <the accused fled to another jurisdiction>. 4. A political or judicial subdivision within such an area <other jurisdictions have decided the issue differently>. - jurisdictional, adj. Cf. VENUE.

Qui habet jurisdictionem absolvendi, habet jurisdictionem ligandi

One who has jurisdiction for dissolving (an obligation) has jurisdiction to bind.

Uniform Child Custody Jurisdiction Act

An act, in force in all states, that sets out a standard (based on the child's residence in and connections with the state) by which a state court determines whether it has jurisdiction over a particular child-custody matter or whether it must recognize a custody decree issued by another state's court. - Abbr. UCCJA. Cf. PARENTAL KIDNAPPING PREVENTION ACT.

accusation,n. 1. A formal charge of criminal wrongdoing. 0 The accusation is usu. presenter) to a court or magistrate having jurisdiction tf) inquire into the alleged crime. 2. An informs i statement

ad fundandam jurisdictionem

vb. [Law Latin] To make the basis of jurisdiction.

ancillary jurisdiction

A court's jurisdiction to adjudicate claims and proceedings that arise out of a claim that is properly before the court. 0 For example, if a plaintiff brings a lawsuit in federal court based on a federal question (such as a claim under Title VII), the defendant may assert a counterclaim that the court would not otherwise have jurisdiction over (such as a state-law claim of stealing company property). The concept of ancillary jurisdiction has now been codified, along with the concept of pendent jurisdiction, in the supplemental jurisdiction statute. 28 USCA § 1367. See supplemental jurisdiction. Cf. pendent jurisdiction.

anomalous jurisdiction

1. Jurisdiction that is not granted to a court by statute, but that is inherent in the court's authority to govern lawyers and other officers of the court, such as the power to issue a preindictment order suppressing illegally seized property. 2. An appellate court's provisional jurisdiction to review the denial of a motion to intervene in a case, so that if the court finds that the denial was correct, then its jurisdiction disappears - and it must dismiss the appeal for want of jurisdiction - because an order denying a motion to intervene is not a final, appealable order. See ANOMALOUS-JURISDICTION RULE.

anomalous jurisdiction rule

the principle that a court of appeals has provisional jurisdiction to review the denial of a motion to intervene in a case, and if the court of appeals finds that the denial was correct, then its jurisdiction disappears - and it must dismiss the appeal for want of jurisdiction -because an order denying a motion to intervene is not a final, appealable order. ( this rule has been criticized by courts and commentators. many appellate courts, upon finding that the trial court properly denied a motion to intervene, will affirm the denial instead of dismissing the appeal for want of jurisdiction. - also termed anomalous rule.

appellate jurisdiction

The power of a court to review and revise a lower court's decision. ( For example, U.S. Const. art. III, § 2 vests appellate jurisdiction in the Su-preme Court, while 28 USCA §§ 1291-1295 grant appellate jurisdiction to lower federal courts of appeals. Cf. original jurisdiction.

arising-in jurisdiction

A bankruptcy court's jurisdiction over issues relating to the administration of the bankruptcy estate, and matters that occur only in a bankruptcy case. 28 USCA §§ 157, 1334.

choice of jurisdiction

Confict of laws. The choice of the state (or country) that should exercise jurisdiction over a case.

common-law jurisdiction

1.A place where the legal system derives ultimately from the English common-law system <England, the United States, Australia, and other commonlaw jurisdictions>. 2. A court's jurisdiction to try such cases as were cognizable under the English common law <in the absence of a controlling statute, the court exercised common-law jurisdiction over those claims>.

concurrent jurisdiction

1 Jurisdiction exercised simultaneously by more than one court over the same subject matter and within the same territory, with the litigant having the right to choose the court in which to file the action. 2. Jurisdiction shared by two or more states, esp. over the physical boundaries (such as rivers or other bodies of water) between them. - Also termed coordinate jurisdiction; overlapping jurisdiction. Cf. exclusive jurisdiction "In several cases, two States divided by a river exercise concurrent jurisdiction over the river, no matter where the inter-state boundary may be; in some cases by the Ordinance of 1787 for organizing Territories northwest of the Ohio River, in some cases by Acts of Congress organizing Territories or admitting States, and in some cases by agreements between the States concerned." 1 Joseph H. Beale, A Treatise on the Conflict of Laws § 44.3, at 279 (1935).

consent jurisdiction

Jurisdiction that parties have agreed to, either by agreement, by contract, or by general appearance. ( Parties may not, by agreement, confer subject-matter jurisdiction on a federal court that would not otherwise have it.

consular jurisdiction

The exercise of a judicial function by a consul in a foreign territory, as by performing a wedding ceremony between nationals of the country represented by the consul."The usual criterion used for the distinction between diplomats and consuls is the representative character of the former of which the latter are devoid. However, this distinction is not altogether correct. Undoubtedly diplomatic agents have a general representative character since in all matters and relations they represent their country in the state to which they are accredited. Consuls, on the other hand, as state organs, also represent their country in another state, but only in matters within their competence. Thus, the representative character of consuls is, like their competence, specific, and secondary to that of diplomatic agents." Constantin Economid6s, "Consuls," in 1 Encyclopedia of Public International Law 770 (1992).

contentious jurisdiction

1 A court's jurisdiction exercised over disputed matters. 2. Eccles. law. The branch of ecclesiastical-court jurisdiction that deals with contested proceedings.

continuing jurisdiction

A court's power to retain jurisdiction over a matter after entering a judgment, allowing the court to modify its previous rulings or orders. See CONTINUING-JURISDICTION DOCTRINE.

continuing jurisdiction doctrine

1 The rulethat a court retains power to enter and enforce a judgment over a party even though that party is no longer subject to a new action. 2. Family law. The rule that once a court has acquired jurisdiction over a child-custody or support case, that court continues to have jurisdiction to modify orders, even if the child or a parent moves to another state.

coordinate jurisdiction

See concurrent jurisdiction.

court of competent jurisdiction

A court that has the power and authority to do a particular act; one recognized by law as possessing the right to adjudicate a controversy.

court of general jurisdiction

A court having unlimited or nearly unlimited trial jurisdiction in both civil and criminal cases.

court of limited jurisdiction

See COURT.

court of original jurisdiction

See COURT.

court of summary jurisdiction

See magistrate's court under COURT.

criminal jurisdiction

A court's power to hear criminal cases.

derivative jurisdiction doctrine

The principle that a case is not properly removable unless it is within the subject-matter jurisdiction of the state court from which it is removed.

dified as supplemental jurisdiction. 28 USCA § 1367. - Also termed pendent-claim jurisdiction. See supplemental jurisdiction. Cf. ancillary jurisdiction.

diversity jurisdiction

A federal court's exercise of authority over a case involving parties from different states and an amount in controversy greater than a statutory minimum (now $75,000). 28 USCA § 1332. See DIVERSITY OF CITIZENSHIP; AMOUNT IN CONTROVERSY.

dominant-jurisdiction principle

The rule that the court in which a case is first filed maintains the suit, to the exclusion of all other courts that would also have jurisdiction. dominant property See dominant estate under ESTATE.

ecclesiastical jurisdiction

Jurisdiction over ecclesiastical cases and controversies, such as that exercised by ecclesiastical courts.

equity jurisdiction

At common law, the power to hear certain civil actions according to the procedure of the court of chancery, and to resolve them according to equitable rules. "[T]he term equity jurisdiction does not refer to jurisdiction in the sense of the power conferred by the sovereign on the court over specified subject-matters or to jurisdiction over the res or the persons of the parties in a particular proceeding but refers rather to the merits. The want of equity jurisdiction does not mean that the court has no power to act but that it should not act, as on the ground, for example, that there is an adequate remedy at law." William Q. de Funiak, Handbook of Modern Equity 38 (2d ed. 1956).

excess jurisdiction

See EXCESS OF JURISDICTION (1).

excess of jurisdiction

1. A court's acting beyond the limits of its power, usu. in one of three ways: (1) when the court has no power to deal with the kind of matter at issue, (2) when the court has no power to deal with the particular person concerned, or (3) when the judgment or order issued is of a kind that the court has no power to issue. 2. A court's departure from recognized and established requirements of law, despite apparent adherence to procedural form, the effect of which is a deprivation of one's constitutional right. - Also termed excess jurisdiction.

exclusive jurisdiction

A court's power to adjudicate an action or class of actions to the exclusion of all other courts < federal district courts have exclusive jurisdiction over actions brought under the Securities Exchange Act>. Cf. concurrent jurisdiction.

extraterritorial jurisdiction

A court's ability to exercise power beyond its territorial limits. See LONG-ARM STATUTE.

federal jurisdiction

1 The exercise of federal-court authority. 2. The area of study dealing with the jurisdiction of federal courts.

federal-question jurisdiction

The exercise of federal-court power over claims arising under the U.S. Constitution, an act of Congress, or a treaty. 28 USCA § 1331.

foreign jurisdiction

See JURISDICTION.

general jurisdiction

See JURISDICTION.

in personam jurisdiction

See personal jurisdiction under JURISDICTION.

in rem jurisdiction

A court's power to adjudicate the rights to a given piece of property, including the power to seize and hold it. - Also termed jurisdiction in rem. See IN REM. Cf personal jurisdiction.

infra jurisdictionem

adu. & adj. [Law Latin] Within the jurisdiction.

international jurisdiction

See JURISDICTION.

judicial jurisdiction

The legal power and authority of a court to make a decision that binds the parties to any matter properly brought before it.

jurisdiction clause

1 At law, a statement in a pleading that sets forth the court's jurisdiction to act in the case. - Also termed jurisdictional statement. 2. Equity practice. The part of the bill intended to show that the court has jurisdiction, usu. by an averment that adequate relief is unavailable outside equitable channels.

jurisdiction in personam

See personal jurisdiction.