Personal Jurisdiction - Law Dictionary Search Results
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jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
Foreign Jurisdiction Acts (English)
Foreign Jurisdiction Acts (English): 6 & 7 Vict. c. 94; 28 & 29 Vict. c. 116; 29 & 30 Vict. c. 87; 38 & 39 Vict. c. 85; and 41 & 42 Vict. C. 67; consolidated by the Foreign Jurisdiction Act, 1890 (53 & 54 Vict. c. 37) (extended by the Foreign Jurisdiction Act, 1913 [3 & 4 Geo. 5, c. 16)], which regulates the exercise by the Crown of the powers and jurisdiction acquired by it (whether by treaty, grant, usage, sufferance, or otherwise) in countries out of the dominions f the British Crown.A decree by a foreign court over a matter outside its jurisdiction has no effect, Lecouturier v. Rey, 1910 AC 262....
Court having admiralty jurisdiction
Court having admiralty jurisdiction. The legislature of a British possession may by any Colonial Law Q:-(a) declare any court of unlimited civil jurisdiction whether original or appellate, in that possession to be a Colonial Court of Admiralty, and provide for the exercise by such Court of its jurisdiction under this Act, and limit territorially, or otherwise, the extent of such jurisdiction; and (b) confer upon any inferior or subordinate Court in that possession such partial or limited Admiralty jurisdiction under such regulations and with such appeal (if any) as may seem fit. [Colonial Courts of Admiralty (India) Act, 1891 (16 of 1891), s. 3]...
Court of competent jurisdiction
Court of competent jurisdiction, the expression 'a Court of competent jurisdiction' envisaged in s. 465 is to denote a validity constituted Court conferred with jurisdiction to try the offence or offences. Such a Court will not get denuded of its competence to try the case on account of any procedural lapse and the competence would remain unaffected by the non-compliance of the procedural requirement. The inability to take cognizance of an offence without a committal order does not mean that a duly constituted Court became an incompetent Court for all purposes, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679: AIR 2001 SC 3372 (3778). [Criminal Procedure Code, 1973, s. 465(1)]The expression 'a court of competent jurisdiction envisaged in s. 465' is to denote a validly constituted court conferred with jurisdiction to try the offence or offences, State of Madhya Pradesh v. Bhooraji, (2001) 7 SCC 679. [Criminal Procedure Code, 1973, s. 465(1)]...
Summary jurisdiction
Summary jurisdiction. The jurisdiction of a court to 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. The mode of exercising this latter jurisdiction, which is given in particular instances by very numerous particular statutes, is generally regulated by the Summary Jurisdiction Acts, 1848 and 1879. Several amendments have been made in the law by the Criminal Justice Administration Act, 1914, and Criminal Justice Act, 1925; see also HUSBAND AND WIFE. see Chitty's Statutes, tit. 'Justices' and Stone's Justices Manual; and also SESSIONS OF THE PEACE....
Cyber space jurisdiction
Cyber space jurisdiction, contract with the out-of-state party alone could not establish jurisdiction. It is to court to consider electronic contract. Electronic contracts with computer data base located in the forum state are insufficient to establish personal jurisdictions, Bhrger King Corp. v. Rudze Wicz, (1985) 47 1 US 462; Preskap, Inc v. System One, Direct Access, Inc, 636 SO 2d 1351 (Fla. Dist. Ct. App. 1994); Panavision v. Toeppan, 938 F Supp 616 (C.D. Cal 1996)....
Summary jurisdiction, Court of
Summary jurisdiction, Court of, 'means' in an Act of Parliament 'any justice or justices of the peace, or other magistrate by whatever name called, to whom jurisdiction is given by, or who is authorized to act under, the (English) Summary Jurisdiction Acts' (Interpretation Act, 1889, s. 13, sub-s. 11); but does not include justices at a licensing meeting: see Boulter v. Kent Justices, 1897, AC 556, reversing and overruling decisions of the Court of Appeal....
Available jurisdiction
Available jurisdiction, where more courts than one have jurisdiction over a subject-matter, they are called courts of available or natural jurisdiction, Modi Entertainment Network v. W.S.G. Cricket Pvt. Ltd., (2003) 4 SCC 341 (351). (Civil PC 1908, s. 16, 20)...