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Gracie v

Categories: Criminal Law

Definition (1910 Edition)

Freeland, 1 N. Y. 232.—Limited ju- Yisdiction. This term is ambiguous, and the books sometimes use it without due precision. It is sometimes carelessly employed instead of “special.” The true distinction between courts is between such as possess a general and such as have only a special jurisdiction for a particular purpose, or are clothed with special powers for the performance. Obert v. Hammel, 18 N. J. Law, 73.—Original jurisdiction. Jurisdiction in the first instance; jurisdiction to take cognizance of a cause at its inception, try it, and pass-judgment upon the law and facts. Distinguished from appellate jurisdiction.—Probate jurisdiction. Such jurisdiction as ordinarily pertains to probate, orphans’. or surrogates’ courts, including the establishment of wills, the administration of estates, the supervising of the guardianship of infants, the allotment of dower, etc. See Richardson v. Green. 61 Fed. 423, 9 C. C. A. 565; Chadwick v. Chadwick, 6 Mont. 566, 13 Pac. 385.—Speoial jurisdiction. A court authorized to take cognigzance of only some few kinds of causes or proceedings expressly designated by statute is called a “court of special jurisdiction.”—Suammary jurisdiction. give a judgment or make an order itself forthwith; e. g., to commit to prison for contempt; to punish malpractice in a solicitor; or, in the case of justices of the peace, a jurisdiction to convict an offender themselves instead of committing him for trial by a jury. Wharton.— Territorial jurisdiction. Jurisdiction considered as limited to cases arising or persons residing within a defined territory, as. a county, a judicial district, ete. The authority of any court is limited by the boundaries thus fixed. See Phillips v. Thralls, 26 Kan. 781.—Vole untary jurisdiction. In English law. <A ju- Yisdiction exercised by certain ecclesiastical courts, in matters where there is no opposition. 8 Bl. Comm. 66. The opposite of contentious jurisdiction, (c. v.) In Scotch law. One exercised in matters admitting of no opposition or question, and therefore cognizable by any judge, and in any place, and on any lawful day. Bell. —Jurisdiction clause. In equity practice. That part of a bill 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 complainant. 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. Eg. Pl. 43. :
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.