The proper course is to examine the language of the Statute and ask what its natural meaning is, uninfluenced by considerations derived from the previous state of the law.
Jurisdiction in rem is the power a court may exercise over property (real or personal) or a status, rather than personal liabilities not necessarily associated with the property. It assumes the property or status is the primary object of the action.
Justiciability describes whether a dispute is capable of being settled by a court of law.
Subject matter jurisdiction is the competence of a court to hear and decide cases whose subject matter fits within the court’s scope of authority. Courts of limited jurisdiction may hear only certain matters, while courts of broad or general jurisdiction may have certain matters removed from their jurisdiction by statute or the Constitution.
1. Ripeness: The controversy must have already erupted, presenting a legal issue in a concrete context. 2. Standing to sue: The plaintiff must demonstrate that he is 'himself among the injured' and has a direct stake in the case or controversy.
Personal jurisdiction over a defendant can be established by the defendant’s consent, the defendant’s general appearance in court, or by proving the defendant’s domicile within the geographic area of the court’s jurisdiction, combined with serving process upon the defendant.
The principle that men should not be condemned unheard, decisions should not be reached behind their backs, proceedings affecting their lives and property should not continue in their absence, and they should not be precluded from participating in them.
The plaintiff must demonstrate that they have suffered an 'injury in fact' and have a 'personal stake' in the outcome that differentiates them from the public at large.
It indicates that there is a power to make such orders as may be necessary for the ends of justice and to prevent abuse of the process of the court.
To meet the ends of justice and to prevent the abuse of the process of the court.
In quasi in rem jurisdiction, the action is begun by seizing the property owned by (an attachment), or a debt owed by (a garnishment), the defendant, within the forum state. The action does not arise out of the property seized; instead, the thing seized is a pretext for the court to decide the case without any personal jurisdiction. Any judgment affects only the property seized and cannot be sued upon in any other court.
Personal jurisdiction, or jurisdiction in personam, is the power of a court to require a party (usually the defendant) or a witness to come before the court. The court must have jurisdiction over both the subject matter and the parties to the litigation.
A court had dismissed a suit for default of appearance of the plaintiff.
The court has discretion regarding its own procedure and may condone procedural mistakes or determine any point of procedure.
Because the plaintiff must assert his own interest and cannot be involved in feigned or collusive cases.
Jurisdiction is the practical authority granted to a formally constituted legal body or political leader to deal with and make pronouncements on legal matters and to administer justice within a defined area of responsibility.
The types of cases that Superior Courts may hear.
1. Courts cannot override express provisions of law. 2. Courts cannot override general principles of law.
Mootness refers to the requirement that the personal interest that must exist at the commencement of the litigation (standing) must continue throughout its existence.
An unripe question is one for which there is not yet at least a threatened injury to the plaintiff, while a moot question is one for which the potential for an injury to occur has ceased to exist.
Exclusive, original, concurrent, general, or limited.
Abuse of the process of the court includes gaining an unfair advantage by the rule of procedure, retention of a benefit wrongly gained, resorting to and encouraging multiplicity of proceedings, circumventing the law by indirect means, instituting vexatious, obstructive or dilatory actions, executing a decree manifestly at variance with its purpose and intent, and institution of a suit by a puppet plaintiff.
No forms or procedure should ever be permitted to exclude the presentation of the litigant’s defence unless there is an express provision to the contrary.
To hear and determine appeals from the Court of Appeal and any other court or tribunal as prescribed by national legislation.
The test is to see whether section 3A applies to a particular case or whether it falls within or without the ambit of the provisions of the statute. If it falls within, the court cannot exercise any inherent power; if it falls without, the court has inherent power to pass any order necessary to meet the ends of justice.
It means that the court's jurisdiction is derived from common law and not statute.
Ripeness means that the controversy must have already erupted, presenting a legal issue in a concrete context, and the parties must each be seeking a different outcome.
It implies preventing actions that misuse the court's processes, which can be committed by either the court or the parties.
Appeals from a decision of a tribunal appointed under the Constitution to consider the removal of a person from office, other than a tribunal appointed under Article 144.
Lord Shaw observed that applying rules and orders to a dead man is an abuse of the process of the courts.
(i) Whether any law is inconsistent with or in contravention of the Constitution; (ii) Whether anything done under the authority of the Constitution or any law is inconsistent with the Constitution; (iii) Matters relating to constitutional powers of State organs in respect of county governments and the constitutional relationship between levels of government; (iv) Questions relating to conflict of laws under Article 191; and (v) Any other jurisdiction, original or appellate, conferred by legislation.
1. An inquiry should be remedied and needless expense and inconvenience to parties avoided. 2. It should not interfere with the rights of third parties or cause mischief or injustice. 3. It should not assist a party guilty of laches in consequence of which new rights have arisen against him.
Monetary jurisdiction is when courts limit their jurisdiction to cases in which the amount in controversy exceeds a certain minimum amount. Many subordinate courts within the magistrates court system have maximum jurisdictional amounts; if the amount in controversy exceeds the jurisdictional maximum, the case must be re-filed in the next level court or the complaining party must waive their right to any judgment that exceeds the maximum.
Jurisdiction to determine whether a right or fundamental freedom in the Bill of Rights has been denied, violated, infringed, or threatened.
a) The plaintiff must be a party who has been or will be harmed if no remedy is provided; b) The defendant must be a party to whom the harm can be traced; and c) The court must have the ability to provide a remedy that will relieve the harm to the plaintiff.
The plaintiff must demonstrate that he is 'himself among the injured' and has a direct stake in the case or controversy.
The decision is deemed void and non-binding upon the litigants.
Article 163(3)(a).
The High Court has supervisory jurisdiction over subordinate courts and any person, body, or authority exercising a judicial or quasi-judicial function, but not over a superior court.
It means that the parties cannot agree to a lawsuit where both parties seek a particular judgment from the court; rather, the parties have to each be seeking a different outcome.
To hear appeals from the High Court and any other court or tribunal as prescribed by an Act of Parliament.
The inherent jurisdiction of the court cannot be invoked if the Code contains specific provisions that meet the necessities of the case.
No, a party cannot insist on the court exercising its inherent powers. It can only be used at the court’s discretion in the interest of justice.
The fact that our laws of procedure are grounded on a principle of natural justice.
The inherent powers are in addition to the powers specifically conferred by the Code and can be used in the absence of any express provision in the Act.
Geographical jurisdiction is the requirement for a court to be able to hear a case. Venue determines a convenient forum for trial, and factors affecting venue vary among jurisdictions and court systems. It questions which court, out of a set of other possible courts, is geographically convenient and most efficient for a case to take place.
As of right in any case involving the interpretation or application of the Constitution, and in any other case where the Supreme Court or the Court of Appeal certifies that a matter of general public importance is involved.
Unlimited original jurisdiction in criminal and civil matters.
Long arm jurisdiction is a statutory grant of jurisdiction to local courts over foreign defendants. It permits a court to hear a case against a defendant and enter a binding judgment against a defendant residing outside the state’s jurisdiction. The use of a long arm statute is usually constitutional where the defendant has certain minimum contacts with the forum state and there has been reasonable notice of the action against him or her.
The national government, any State organ, or any county government with respect to any matter concerning county government.
Inherent jurisdiction refers to the powers that every court must possess to deliver justice in accordance with the law. These powers are necessary to do the right and undo the wrong in the course of administration of justice. Section 3A of the Civil Procedure Act provides for the saving of the inherent powers of the court to meet the 'ends of justice' or to avoid the 'abuse of the process of the court'.
