| slovo | definícia |
jurisdiction
(mass) | jurisdiction
- súdna právomoc, súdnictvo, jurisdikcia |
jurisdiction
(encz) | jurisdiction,jurisdikce n: [práv.] Zdeněk Brož |
jurisdiction
(encz) | jurisdiction,příslušnost n: [práv.] Ivan Masár |
jurisdiction
(encz) | jurisdiction,soudní pravomoc n: [práv.] Zdeněk Brož |
Jurisdiction
(gcide) | 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.]
[1913 Webster]
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.
[1913 Webster]
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.
[1913 Webster]
To live exempt
From Heaven's high jurisdiction. --Milton.
[1913 Webster]
You wrought to be a legate; by which power
You maim'd the jurisdiction of all bishops. --Shak.
[1913 Webster]
3. Sphere of authority; the limits within which any
particular power may be exercised, or within which a
government or a court has authority.
[1913 Webster]
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.
[1913 Webster] |
jurisdiction
(wn) | jurisdiction
n 1: (law) the right and power to interpret and apply the law;
"courts having jurisdiction in this district" [syn: {legal
power}, jurisdiction]
2: in law; the territory within which power can be exercised |
JURISDICTION
(bouvier) | 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 of jurisdiction 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.
|
| | podobné slovo | definícia |
jurisdictional
(encz) | jurisdictional,jurisdikční adj: Zdeněk Brož |
jurisdictions
(encz) | jurisdictions,soudní pravomoci n: pl. [práv.] Zdeněk Brož |
local jurisdiction
(encz) | local jurisdiction,místní příslušnost n: [práv.] Ivan Masár |
subject-matter jurisdiction
(encz) | subject-matter jurisdiction,věcná příslušnost n: [práv.] Ivan Masár |
Contentious jurisdiction
(gcide) | Contentious \Con*ten"tious\, a. [L. contentiosus: cf. F.
contentieux.]
1. Fond of contention; given to angry debate; provoking
dispute or contention; quarrelsome.
[1913 Webster]
Despotic and contentious temper. --Macaulay.
[1913 Webster]
2. Relating to contention or strife; involving or
characterized by contention. --Spenser.
[1913 Webster]
More cheerful, though not less contentious, regions.
--Brougham.
[1913 Webster]
3. (Law) Contested; litigated; litigious; having power to
decide controversy.
[1913 Webster]
Contentious jurisdiction (Eng. Eccl. Law), jurisdiction
over matters in controversy between parties, in
contradistinction to voluntary jurisdiction, or that
exercised upon matters not opposed or controverted.
Syn: Quarrelsome; pugnacious; dissentious; wrangling;
litigious; perverse; peevish. -- Con*ten"tious*ly,
adv. -- Con*ten"tious*ness, n.
[1913 Webster] |
Jurisdiction
(gcide) | 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.]
[1913 Webster]
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.
[1913 Webster]
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.
[1913 Webster]
To live exempt
From Heaven's high jurisdiction. --Milton.
[1913 Webster]
You wrought to be a legate; by which power
You maim'd the jurisdiction of all bishops. --Shak.
[1913 Webster]
3. Sphere of authority; the limits within which any
particular power may be exercised, or within which a
government or a court has authority.
[1913 Webster]
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.
[1913 Webster] |
Jurisdictional
(gcide) | Jurisdictional \Ju`ris*dic"tion*al\, a. [Cf. LL.
jurisdictionalis, F. juridictionnel.]
Of or pertaining to jurisdiction; as, jurisdictional rights.
--Barrow.
[1913 Webster] |
Voluntary jurisdiction
(gcide) | Voluntary \Vol"un*ta*ry\, a. [L. voluntarius, fr. voluntas will,
choice, from the root of velle to will, p. pr. volens; akin
to E. will: cf. F. volontaire, Of. also voluntaire. See
Will, v. t., and cf. Benevolent, Volition,
Volunteer.]
1. Proceeding from the will; produced in or by an act of
choice.
[1913 Webster]
That sin or guilt pertains exclusively to voluntary
action is the true principle of orthodoxy. --N. W.
Taylor.
[1913 Webster]
2. Unconstrained by the interference of another; unimpelled
by the influence of another; not prompted or persuaded by
another; done of his or its own accord; spontaneous;
acting of one's self, or of itself; free.
[1913 Webster]
Our voluntary service he requires. --Milton.
[1913 Webster]
She fell to lust a voluntary prey. --Pope.
[1913 Webster]
3. Done by design or intention; intentional; purposed;
intended; not accidental; as, if a man kills another by
lopping a tree, it is not voluntary manslaughter.
[1913 Webster]
4. (Physiol.) Of or pertaining to the will; subject to, or
regulated by, the will; as, the voluntary motions of an
animal, such as the movements of the leg or arm (in
distinction from involuntary motions, such as the
movements of the heart); the voluntary muscle fibers,
which are the agents in voluntary motion.
[1913 Webster]
5. Endowed with the power of willing; as, man is a voluntary
agent.
[1913 Webster]
God did not work as a necessary, but a voluntary,
agent, intending beforehand, and decreeing with
himself, that which did outwardly proceed from him.
--Hooker.
[1913 Webster]
6. (Law) Free; without compulsion; according to the will,
consent, or agreement, of a party; without consideration;
gratuitous; without valuable consideration.
[1913 Webster]
7. (Eccl.) Of or pertaining to voluntaryism; as, a voluntary
church, in distinction from an established or state
church.
[1913 Webster]
Voluntary affidavit or Voluntary oath (Law), an affidavit
or oath made in an extrajudicial matter.
Voluntary conveyance (Law), a conveyance without valuable
consideration.
Voluntary escape (Law), the escape of a prisoner by the
express consent of the sheriff.
Voluntary jurisdiction. (Eng. Eccl. Law) See {Contentious
jurisdiction}, under Contentious.
Voluntary waste. (Law) See Waste, n., 4.
[1913 Webster]
Syn: See Spontaneous.
[1913 Webster] |
jurisdictional
(wn) | jurisdictional
adj 1: restricted to the geographic area under a particular
jurisdiction; "the jurisdictional limits of a state" |
CONFLICT OF JURISDICTION
(bouvier) | CONFLICT OF JURISDICTION. The contest between two officers, who each claim
to have cognizance of a particular case.
|
CONTENTIOUS JURISDICTION
(bouvier) | CONTENTIOUS JURISDICTION, eccl. law. In those cases where there is an action
or judicial process, and it consists in hearing and determining the matter
between party and party, it is said there is contentious jurisdiction, in
contradistinction to voluntary jurisdiction, which is exercised in matters
that require no judicial proceeding, as in taking probate of wills, granting
letters of administration, and the like. 3 Bl. Com. 66.
|
JURISDICTION
(bouvier) | 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 of jurisdiction 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.
|
JURISDICTION CLAUS
(bouvier) | JURISDICTION CLAUSE. That part of a bill in chancery which is intended to
give jurisdiction of the suit to, the court, by a general averment that the'
acts complained of are contrary to equity, and tend to the injury of the
plaintiff, and that. he has no remedy, or not a complete remedy, without the
assistance of a court of equity, is called the jurisdiction clause. Mitf.
Eq. Pl. by Jeremy, 43.
2. This clause is unnecessary, for if the court appear from the bill,
to have jurisdiction, the bill will be sustained without this clause; and if
the court have not jurisdiction, the bill will be dismissed though the
clause may be inserted. Story, Eq. Pl. Sec. 34.
|
ORIGINAL JURISDICTION
(bouvier) | ORIGINAL JURISDICTION, practice. That which is given to courts to take
cognizance of cases which may be instituted in those courts in the first
instance. The constitution of the United States gives the supreme court of
the United State original jurisdiction in cases which affect ambassadors,
other public ministers and consuls, and to those in which a state is a
party. Art. 3, s. 2; 1 Kent, Com. 314.
|
PROROGATED JURISDICTION
(bouvier) | PROROGATED JURISDICTION, Scotch law. That jurisdiction, which, by the
consent of the parties, is conferred upon a judge, who, without such
consent, would be incompetent. Ersk. Prin. B. 1, t. 2, n. 15.
2. At common law, when a party is entitled to some privilege or
exemption from jurisdiction, he may waive it, and then the jurisdiction is
complete; but the consent cannot give jurisdiction.
|
VOLUNTARY JURISDICTION
(bouvier) | VOLUNTARY JURISDICTION. In the ecclesiastical law, jurisdiction is either
contentious jurisdiction, (q.v.) or voluntary jurisdiction. By the latter
term is understood that kind of jurisdiction which requires no judicial
proceedings, as, the granting letters of administration and receiving the
probate of wills.
|
|