Jurisdiction

The power and authority constitutionally conferred upon (or constitutionally recognized as existing in) a court or Judge to pronounce the sentence of the law or to award the remedies provided by law, upon a state of facts, proved or admitted, referred to the tribunal for decision, and authorized by law to be the subject of investigation or action by that tribunal, and in favor of or against persons (or a res) who present themselves or who are brought, before the court in some manner sanctioned by law as proper and sufficient. 1 Black, Judgm. § 215. And see Nenno v. Railroad Co.., 105 Mo. App. 540, 80 S. W. 24; Ingram v. Fuson, 118 Ky. 882, 82 S. W. 606; Tod v. Crisman, 123 Iowa, 693, 99 N. W. 686; Harrigan v. Gllchrist, 121 Wis. 127, 99 N. W. 909; Wight-man v. Karsner, 20 Ala. 451; Reynolds v. Stockton, 140 U. S. 254, 11 Sup. Ct. 773, 35 L. Ed. 464; Templeton v. Ferguson, 89 Tex. 47, 33 S. W. 329; Succession of Weigel, 17 La. Ann. 70. Jurisdiction is a power constitutionally conferred upon a judge or magistrate to take cognisance of and determine causes according to law, and to carry his sentence into execution. In S. v. Arredondo, 6 Pet. 691, 8 L. Ed. 547; Yates v. Lansing, 9 Johns. (N. Y.) 413, 6 Am. Dec. 290; Johnson v. Jones, 2 Neb. 135. The authority of a court as distinguished from the other departments; judicial power considered with reference to its scope and extent as respects the questions and persons subject to it; power given by law to hear and decide controversies. Abbott. Jurisdiction is the power to hear and determine the subject-matter in controversy between parties to the suit; to adjudicate or exercise any judicial power over them. Rhode Island v. Massachusetts, 12 Pet 657, 717, 9 L. Ed. 1233. Jurisdiction is the power to hear and determine a cause; the authority by which judicial officers take cognizance of and decide causes. Brownsville v. Basse, 48 Tex. 440.

— Appellate jurisdiction. The power and authority to take cognizance of a cause and proceed to its determination, not in its initial stages, but only after it has been finally decided by an inferior court, i. e., the power of review and determination on appeal, writ of error, certiorari, or other similar process.

— Concurrent jurisdiction. The jurisdiction of several different tribunals, both authorized to deal with the same subject-matter at the choice of the suitor. State v. Sinnott, 89 Me. 41, 35 Ath 1007; Rogers v. Bonnett, 2 OkL 553, 37 Pac. 1078; Hercules Iron Works v. Railroad Co., 141 111. 491, 30 N. E. 1050.

— Contentions jurisdiction. In English ecclesiastical law. That branch of the jurisdiction of the ecclesiastical courts which is exercised upon adversary or contentious (opposed, litigated) proceedings.

— Co-ordinate jurisdiction. That which is possessed by courts of equal rank, degree, or authority, equally competent to deal with the matter in question, whether belonging to the same or different systems; concurrent jurisdiction.

— Criminal jurisdiction. That which exists for the trial and punishment of criminal offenses; the authority by which judicial officers take cognizance of and decide criminal cases. Ellison v. State, 125 Ind. 492, 24 N. E. 739; In re City of Buffalo, 139 N. Y. 422, 34 N. E. 1103.

— Equity jurisdiction. In a general sense, the jurisdiction belonging to a court of equity, but more particularly the aggregate of those cases, controversies, and occasions which form proper subjects for the exercise of the powers of a chancery court. See Anderson v. Carr, 65 Hun. 179, 19 N. Y. Supp. 992; People v. McKane, 78 Hun. 154, 28 N. Y. Supp. 981.

— Foreign jurisdiction. Any jurisdiction foreign to that of the forum. Also the exercise by a state or nation of jurisdiction bsyond its own territory, the right being acquired by treaty or otherwise.

— General jurisdiction. Such as extends to all controversies that may be brought before a court within the legal bounds of rights and remedies; as opposed to special or limited jurisdiction, which covers only a particular class of cases, or cases where the amount in controversy is below a prescribed sum, or which is subject to specific exceptions. The terms "general" and "special," applied to jurisdiction, indicate the difference between a legal authority extending to the whole of a particular subject and one limited to a part; and, when applied to the terms of court, the occasion upon which these IK)were can be respectively exercised. Gracie v. Freeland, 1 N. Y. 232,

— Limited jurisdiction. 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 jnrisdiction. 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 jnrisdiction. 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.

— Special jurisdiction. A court authorized to take cognizance of only some few kinds of causes or proceedings expressly designated by stafute is called a "court of special 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. Wharton.

— Territorial jnrisdiction. Jurisdiction considered as limited to cases arising or persons residing within a defined territory, as, a county, a judicial district, etc. The authority of any court is limited by the boundaries thus fixed. See Phillips v. Thralls, 26 Kan. 781.

— Voluntary jnrisdiction. In English law. A jurisdiction exercised by certain ecclesiastical courts, in matters where there is no opposition. 3 Bi. Comm. 66. The opposite of contentious jurisdiction, (g. 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.

— Jnrisdiction clanse. 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. Eq. PL 43