no footnotes date April 2012 Inherentjurisdiction is a doctrine of the England English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal . The term is also used when a governmental institution derives its jurisdiction from a fundamental governing instrument such as a constitution . In the English case of Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd , Lord Diplock described the court s inherentjurisdiction as a general power to control its own procedure so as to prevent its being used to achieve injustice. Inherentjurisdiction appears to apply to an almost limitless set of circumstances. There are four general categories for use of the court s inherentjurisdiction to ensure convenience and fairness ... courts and tribunals. As such, the exercise of inherentjurisdiction is a broad doctrine allowing ... any particular statute or legislation, but rather from inherent powers invested in a court to control the proceedings brought before it. Inherentjurisdiction in Canada According to the case law in Canada , the key restriction on the application of inherentjurisdiction is that the doctrine cannot ... held that blockquote Inherentjurisdiction cannot, of course, be exercised so as to conflict with statute ... of inherentjurisdiction appears to be that inherentjurisdiction cannot be used to create new ... relationships with the inherentjurisdiction of their courts. In Ontario the Rules of Civil Procedure ... of the rules, but the rules are regulations under the Act. Inherentjurisdiction cannot be used ... the inherentjurisdiction of the court to manage its own procedures. See also Court system of Canada Courts of England and Wales Category Common law Category Jurisdiction Category Legal doctrines and principles ... Student Housing Ltd. 1976 which was a case dealing with whether a judge had exceeded jurisdiction in determining ... more details
for the philosophical concept inherent The Indonesia Higher Education Network is an inter university educational network in Indonesia . For the first phase of development, the network consists of 32 universities. The main ring of this network is located on the island of Java , five universities as a backbone network connected using STM 1 line with a total 155 Mbit s of Bandwidth computing bandwidth capacity. Those universities are the University of Indonesia , the Bandung Institute of Technology , the Institut Teknologi Sepuluh Nopember Institute Technology Sepuluh November , Gadjah Mada University and the Diponegoro University . ref id http www.inherent dikti.net Official site of INHERENT on Indonesia Higher Education Department ref References reflist Category Academic computer network organizations Category Education in Indonesia edu org stub id INHERENT ... more details
Refimprove date September 2008 For an article on the use of jurisdiction to mean a state or country, see Jurisdiction area . File Authority of Law by James Earle Fraser.jpg thumb 200px right Statue titled ... States Supreme Court Building . Jurisdiction from the Latin ius, Wikt iuris iuris meaning law ... the geographical area or subject matter to which such authority applies. Jurisdiction draws ... in the nature of laws, the power ceded to these bodies cumulatively represents its own jurisdiction ... to satisfy. International and municipal jurisdiction The fact that international organizations ... with those of national courts. If the two sets of bodies do not have concurrent jurisdiction ... courts, the difficulty is avoided. But if the jurisdiction claimed is concurrent, or as in the case ... of universal jurisdiction is fundamental to the operation of global organization s such as the United ... legal entities with jurisdiction over a wide range of matters of significance to states the ICJ should not be confused with the ICC and this version of universal jurisdiction is not the same as that enacted in the War Crimes Law Belgium which is an assertion of extraterritorial jurisdiction ... and, under Article 36, the jurisdiction comprises all cases which the parties refer to it and all matters .... But, to invoke the jurisdiction in any given case, all the parties have to accept the prospective ... jurisdiction is controversial among those states which prefer unilateral to multilateral solutions ... dispute resolution functions but, again, even though their jurisdiction may be invoked to hear ..., the European Court of Justice has been given jurisdiction as the ultimate appellate court to the member states on issues of European law. This jurisdiction is entrenched and its authority could only .... Hence, citizen s in those states can invoke the jurisdiction of local courts to enforce rights granted ... courts automatically accept jurisdiction to adjudicate on lawsuit s relying on international law principles ... more details
The term inherent bias refers to the effect of underlying factors or assumptions that skew viewpoints a subject under discussion. There are multiple formal definitions of inherent bias which depend on the particular field of study. In statistics , the term is used in relation to an inability to measure accuarately and directly what one would wish to measure, meaning that indirect measurements are used which might be subject to unknown distortions. See also systemic bias and systematic bias , or cognitive bias implicit assumption , paradigm shift Hawthorne effect Notes references References In opinion polls or statistics OECD Glossary of Statistical Terms Inherent bias Definition at OECD.org, April 2003, webpage http stats.oecd.org glossary detail.asp?ID 3681 Statistical Terms Inherent bias . In journalism Audeamus How dare we... The Press s Inherent Bias at Audeamus.com by Miche , September 2007, webpage http www.audeamus.com 50226711 the presss inherent bias.php The Press s Inherent Bias . Category Sampling statistics Category Polling terms Category Statistical terminology Category Bias fr Biais inh rent none yet ... more details
In statistics, an inherent zero is a reference point used to describe data sets which are indicative of magnitude of an absolute or relative nature. Inherent zeros are used on ratio scale s. ref Elementary Statistics Picturing the World by Ron Larson mathematician Ron Larson and Elizabeth Farber ref References reflist Mathapplied stub Category Statistical terminology ... more details
Unreferenced stub auto yes date December 2009 An inherent vowel is part of an abugida or alphasyllabary script. It is the vowel sound which is used with each unmarked or basic consonant symbol. There are many abugida scripts, Brahmic family of scripts Brahmic scripts and Meroitic script cursive Meroitic script for example, which developed in Nubia Today in Southern Egypt and Northern Sudan and in India approximately at the same time before spreading throughout Southern Asia. Many of them are still used today for modern South Asian languages. All these scripts use such characters as base grapheme s, from which the syllable s are built up. Base graphemes having a consonant with an inherent vowel can be usually changed to other graphemes by joining a tone mark or dependent vowel to the grapheme. DEFAULTSORT Inherent Vowel Category Writing systems Ling stub de Inh renter Vokal ko ... more details
Inherent safety is a concept particularly used in the chemical and process industries. An inherently safe process has a low level of danger even if things go wrong. It is used in contrast to safe systems where a high degree of hazard is controlled by protective systems. It should not be confused with intrinsic safety which is a particular technology for electrical systems in potentially flammable atmospheres .... ref name Heikkila http www.vtt.fi inf pdf publications 1999 P384.pdf Heikkil , Anna Mari. Inherent ... pp, 287 292 What You Don t Have, Can t Leak ref and the name inherent safety from a book which was an expanded ... The terminology of inherent safety has developed since 1991, with some slightly different words ... 81 pp 2 16 How to make inherent safety practice a reality ref Minimize ref Kletz originally used the term ... Ease of Control Software and management procedures. Official Status Inherent safety has been recognised ... the application of principles of inherent safety . ref http www.hse.gov.uk comah sram s2 7.pdf ... Costa County requires chemical plants and petroleum refineries to implement inherent safety reviews ... 80862.htm Sawyer, R., et al. 2007 Regulating Inherent Safety conference abstract ref Quantification The Dow Fire and Explosion Index is essentially a measure of inherent danger and is the most widely used quantification of inherent safety. ref name Khan2003 A more specific index of inherently safe ..., M., Rogers, W. J., Mannan, M. S., 2004 AIChE Journal Vol 4 pp 959 968 Development of an inherent ... Vol 3, no 4, pp 756 779 http dx.doi.org 10.2478 BF02475203 Inherent safety evaluation in process ... othpdf 500 599 oth521.pdf Mansfield, D., Poulter, L., & Kletz, T., 1996 Improving Inherent Safety HMSO ... Kay O Connor Process Safety Center 2002 Challenges in Implementing Inherent Safety Principles in New ... of Inherent Safety http www.saferdesign.org Safer Design Front Loading Safety in Design See ... DEFAULTSORT Inherent Safety Category Safety ... more details
Infobox Book See Wikipedia WikiProject Novels or Wikipedia WikiProject Books name Inherent Vice image File Inherent vice cover.jpg 200px image caption First edition cover design author Thomas Pynchon country United States language English language English genre Novel publisher Penguin Press release date 4 August 2009 pages 369 pp media type Print hardcover isbn 978 1 59420 224 7 dewey 813 .54 22 congress PS3566.Y55 I54 2009 oclc 276819214 preceded by Against the Day Inherent Vice is a novel by Thomas Pynchon , originally published in August 2009. Anchor term Title The term inherent vice is a legal tenet referring to a hidden defect or the very nature of a good or property which of itself is the cause of or contributes to its deterioration, damage, or wastage. Such characteristics or defects make the item an unacceptable risk to a carrier or insurer. If the characteristic or defect is not visible, and if the carrier or the insurer has not been warned of it, neither of them may be liable for any claim arising solely out of the inherent vice. ref businessdictionary Business Dictionary Reviews Inherent Vice has been well received among critics, particularly for its mainstream appeal. In a generally favorable review, the New York Times Michiko Kakutani called it Pynchon Lite , describing it as a simple shaggy dog detective story that pits likable dopers against the Los Angeles Police Department and its countersubversive agents, a novel in which paranoia is less a political or metaphysical ... inherent vice.html Online Business Dictionary accessed 1 December 2008 . span Title back span ... back citation url http www.collegehillreview.com 004 0040501.html title Pynchon s Coast Inherent Vice ... 4 year 2009 External links wikiquote Thomas Pynchon http inherent vice.pynchonwiki.com wiki Inherent Vice Wiki http www.thomaspynchon.com inherent vice.html The latest about Inherent Vice ThomasPynchon.com ... reading trailer for inherent Vice Thomas Pynchon Category Novels by Thomas Pynchon Category 2009 ... more details
In chemistry , inherent chirality refers to molecules and complexes whose lack of symmetry does not originate from a classic stereogenic element, but is rather the consequence of the presence of a curvature in a structure that would be devoid of symmetry axes in any bidimensional representation. ref cite journal title Inherent chirality and curvature authors Dalla Cort A, Mandolini L, Pasquini C, Schiaffino L, journal New Journal of Chemistry year 2004 volume 28 issue 10 pages 1198 1199 doi 10.1039 B404388J ref ref Inherently chiral concave molecules from synthesis to applications Agnieszka Szumna Chem. Soc. Rev., 2010, 39, 4274 4285 DOI 10.1039 B919527K ref The expression inherently chiral was first used by Boehmer to describe calixarenes with XXYZ or WXYZ substitution patterns at the upper rim, and has been later extended to fullerenes with a chiral molecular framework, like C76, C78, and C84, non symmetric uranyl salophen complexes and the protonated Schiff base of 11 cis retinal, the chromophore of rhodopsin . See also Chirality chemistry References Reflist chiral synthesis Category Chirality Category Organic chemistry Category Stereochemistry Category Symmetry it Chiralit inerente ... more details
Globalize date July 2010 unreferenced law date December 2007 Personal jurisdiction refers to a court s jurisdiction over the parties to a law suit, as opposed to subject matter jurisdictionjurisdiction ... personal jurisdiction over a party, its rulings or decrees cannot be enforced as to that person, otherwise than by comity, that is to the extent the sovereign that does have jurisdiction upon the person allows the court to. Personal jurisdiction means the power of the court to decide a dispute, as against a particular person. The concept of personal jurisdiction finds its origin in the idea ... died, or had left the kingdom. The courts then culled out another means to get jurisdiction, called ... States, the exercise of personal jurisdiction by a court must both comport with U.S. Constitution ... of personal jurisdiction does not need a statutory basis, since the United Kingdom does not have a written constitution. Fundamental Principles of Personal Jurisdiction in the United States Three fundamentals of personal jurisdiction constrain the ability of courts in the United States to bind ... without challenging personal jurisdiction. Consent may also derive from a pre litigation agreement ... of a claim that was filed in a court that did not have personal jurisdiction over the defendant. Consent cannot always be a basis for the exercise of personal jurisdiction. In the case of Asahi Metal Industry Co. v. Superior Court the US Supreme Court held that the exercise of personal jurisdiction ... of jurisdiction. The court held that there should be an underlying state interest, if the courts of a state were to exercise jurisdiction. In other words, if the courts of a state were to expend resources ... jurisdiction, courts may still exercise personal jurisdiction when they have independent power to do so. Citation needed date October 2011 This power is founded in the inherent nature of state sovereignty ... Jurisdiction Originally, jurisdiction over parties in the United States adhered to strict ... more details
Limited jurisdiction , or special jurisdiction , is the courts jurisdiction only on certain types of cases such as bankruptcy , family matters, etc. http legal dictionary.thefreedictionary.com limited jurisdiction The courts of limited jurisdiction, as opposed to general jurisdiction , are courts whose power derives from an issuing authority e.g. Statute , Constitution . Special jurisdiction courts always must demonstrate that they are authorized to exert jurisdiction under their issuing authority. General jurisdiction courts must only demonstrate that they may assert in personal jurisdiction over a party. For more information See 46 Am Jur 2d JUDGMENTS 40 Category Jurisdiction ... more details
In civil procedure , exclusive jurisdiction exists where one court has the power to adjudicate a Legal case case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction , in which more than one court may take jurisdiction over the case. Exclusive jurisdiction is typically defined in terms of Subject matter jurisdiction subject matter . For example, UnitedStatesCode 28 1334 gives the United States district court s exclusive jurisdiction over all matters arising in Bankruptcy in the United States bankruptcy with few exceptions . On a Federal level, exclusive jurisdiction allows the Supreme Court to review the decisions in lower courts. See also Original jurisdiction the power of a court to hear a case for the first time Appellate jurisdiction the power of a court to hear a case on appeal Category Civil procedure Category Jurisdiction law stub ... more details
wiktionary Federal jurisdiction Federal jurisdiction is the jurisdiction of the federal government in any country that uses federalism . Such a country is known as a Federation . Federal jurisdiction by country All federations, by definition, must have some form of federal jurisdiction, this will commonly include powers relating to international relations and war. Though power for particular actions varies from one federation to another. Federal jurisdiction Canada Federal jurisdiction United States Federal jurisdiction Iraq Expand list date February 2011 See also Federation disambig Category Jurisdiction law stub ... more details
This article concerns the term general jurisdiction as used in reference to subject matter jurisdiction . For information on the use of the term in reference to personal jurisdiction, see personal jurisdiction . unreferenced date December 2007 globalize date December 2010 A court of general jurisdiction is one that has the authority to hear cases of all kinds criminal law criminal , civil law common law civil , family law family , probate , and so forth. Courts of general jurisdiction in the United States All federal courts are courts of limited jurisdiction. Many U.S. State s have divided their courts between criminal and civil, with some making further divisions, assigning probate, family law, and juvenile cases, for example, to specialized courts. General jurisdiction and judicial immunity One significant effect of the classification of a court is the liability that a judge from that court might face for stepping beyond the bounds of that court. Judges are able to claim judicial immunity for acts that are not completely beyond their jurisdiction. For example, if a probate judge were to sentence a person to jail, that judge would not have immunity and could be sued because a probate judge has no jurisdiction to effect a criminal sentence. However, a judge in a court of general jurisdiction who happened to be overseeing a probate case would be immune from suit for sending a party to jail, because handing down a criminal sentence is not completely beyond the jurisdiction of such a judge. In the United States, this principle was established by the United States Supreme Court Supreme Court in Stump v. Sparkman , Case citation 435 U.S. 349 1978 . The Court found in that case ... the Indiana court was a court of general jurisdiction, and no law of Indiana expressly prohibited the judge ... the jurisdiction of that judge. See also Special Jurisdiction DEFAULTSORT General Jurisdiction Category Jurisdiction ... more details
Concurrent jurisdiction exists where two or more court s from different systems simultaneously have jurisdiction over a specific case. This situation leads to forum shopping , as parties will try to have their lawsuit civil or criminal law criminal case heard in the court that they perceive will be most favorable to them. United States In the United States , concurrent jurisdiction exists to the extent that the United States Constitution permits United States federal court federal courts to hear actions that can also be heard by State court United States state courts . For example, where a party from Alabama sues a party from Florida for a breach of contract , the Alabama party can sue in either the federal court located in Florida under its diversity jurisdiction or in the state court located in Florida under its personal jurisdiction over the defendant . Concurrent jurisdiction may also be created where the United States Congress , in creating a cause of action, permits the courts of the states to hear cases alleging that cause of action. For example, a state court may hear a claim for trademark infringement under the Lanham Act . Concurrent jurisdiction in the United States can also exist between different levels of state courts, and between courts and other government agencies with judicial powers. Different countries can also share concurrent jurisdiction over a case, where ... 28 of the United States Code , sections 1331 & 1332 give federal courts concurrent jurisdiction with the state courts over federal question and diversity cases. Medieval Church jurisdiction In the Middle Ages , the Catholic Church Church expanded its jurisdiction in many areas of Europe widely ... creating concurrent jurisdiction in many civil cases with the courts instituted by secular authorities. ref CathEncy wstitle Ecclesiastical Jurisdiction author Johannes Baptist S gm ller ref See also Lis alibi pendens References references Category Civil procedure Category Jurisdiction Law of the United ... more details
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction , when a court has the power to review a lower court s decision. France The lowest civil court of France, the tribunal de premi re instance Court of Common Pleas , has original jurisdiction over most civil matters except areas of specialist exclusive jurisdiction , those being mainly land estates, business and consumer matters, social security, and labor. All criminal matters may pass summarily through the lowest criminal court, the tribunal de police , but each court has both original and limited jurisdiction over certain separate levels of offences juge de proximit Magistrate ... offences summary jurisdiction tribunal correctionnel Criminal Court felonies or indictable ... court has original jurisdiction. However, while the Council of State has supreme appellate jurisdiction for administrative appeals, it also has original jurisdiction on a number of matters brought ... of 2 3 Congress s vote. United States In the United States, courts having original jurisdiction are referred to as trial courts . In certain types of cases, the U.S. Supreme Court has original jurisdiction concurrent jurisdiction concurrently with lower courts. The original jurisdiction of the U.S. ... jurisdiction Article III, Section 2 of the United States Constitution . In the federal court system ... specialized courts with original jurisdiction over specific types of matters, and then a court with original jurisdiction over anything not reserved to more specialized courts. In some states, the latter type of trial courts often also have appellate jurisdiction from the more specialized courts ... instance References Refimprove date October 2007 http www.law.cornell.edu wex index.php Original jurisdiction ... article 3 32 original jurisdiction.html The Original Jurisdiction of the Supreme Court Category Legal terms Category Jurisdiction lt Pirmosios instancijos teismas ru ... more details
Orphan date February 2009 In English ecclesiastical law , contentious jurisdiction Latin forum contentiosum is jurisdiction over matters in controversy between parties, in contradistinction to voluntary jurisdiction, or that exercised upon matters not opposed or controverted. The Lord Chief Justice of England and Wales Lords Chief Justices , judge s, etc., had a contentious jurisdiction but, the Lord of the Treasury Lords of the Treasury , the Commissioners of Customs, etc., have none, being merely judges of the accounts. References Webster s Revised Unabridged Dictionary 1913 1728 Category Canon law Category Jurisdiction Category English legal terms law term stub ... more details
US fed civ pro merge Supplemental jurisdiction discuss Talk THIS PAGE Merger proposal date July 2009 Pendent jurisdiction is the authority of a United States federal court to hear a closely related state law claim against a party already facing a federal claim, described by the Supreme Court as jurisdiction over nonfederal claims between parties litigating other matters properly before the court. ref Finley v. United States , ussc 490 545 1989 . ref Such jurisdiction is granted to encourage both Judicial economy economy in litigation , ref http scholar.google.com scholar case?case 9853113019628338996&hl en&as sdt 100000002&as vis 1 Williams Elecs. Games, Inc. v. Garrity , 366 F.3d 569 7th Cir.2004. ref and fairness by eliminating the need for a separate federal and state trial hearing essentially the same facts yet potentially reaching opposite conclusions. Pendent jurisdiction refers to the court s authority to adjudicate claims it could not otherwise hear. The related concept of pendent party jurisdiction by contrast is the court s authority to adjudicate claims against a party not otherwise under the court s jurisdiction because the claim arises from the same nucleus of facts as another claim properly before the court. The leading case on pendent jurisdiction is United Mine Workers of America v. Gibbs , ussc 383 715 1966 . Gibbs has been read to require that 1 there must be a federal claim whether from the Constitution, federal statute, or treaty and 2 the non federal claim arises from a common nucleus of operative fact such that a plaintiff would ordinarily be expected to try them in one judicial proceeding. The holding in Gibbs has been essentially codified by Congress along with ancillary jurisdiction in usc 28 1367 , its supplemental jurisdiction statute. However, Subsection 1367 c 3 expressly authorizes the district judge to dismiss a supplemental claim when the federal ... 000 .html 28 USC 1367 c 3 ref References references Category Civil procedure Category Jurisdiction ... more details
US fed civ pro Supplemental jurisdiction is the authority of United States federal court s to hear additional claims substantially related to the original claim even though the court would lack the subject matter jurisdiction to hear the additional claims independently. usc 28 1367 is a codification of the United States Supreme Court Supreme Court s rulings on ancillary jurisdiction Owen Equipment & Erection Co. v. Kroger , ussc 437 365 1978 and pendent jurisdiction United Mine Workers of America v. Gibbs , ussc 383 715 1966 and a superseding of the Court s treatment of pendent party jurisdiction Finley v. United States , ussc 490 545 1989 . By default, courts have supplemental jurisdiction over all other claims that are so related . . . that they form part of the same case or controversy 1367 a . The true test being that the new claim arises from the same set of operative facts. This means a federal court hearing a federal claim can also hear substantially related state law claims, thereby encouraging efficiency by only having one trial at the federal level rather than one trial in federal court and another in state court. However, if the case is brought as a Diversity jurisdiction diversity action i.e., each defendant comes from a state different than each plaintiff , there generally is no supplemental jurisdiction if such claims would destroy complete diversity. See Exxon Mobil Corp. v. Allapattah Services, Inc. Courts are also free to decline to exercise supplemental jurisdiction in specified or exceptional circumstances 1367 c . External links http lii.law.cornell.edu uscode html uscode28 usc sec 28 00001367 000 .html 28 U.S.C 1367 Supplemental Jurisdiction Category Jurisdiction ... more details
about the principle of territorial jurisdiction in international law Territorial principle US fed civ pro Territorial jurisdiction in United States law refers to a court s power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction ... or adjudicate any rights involving them. Territorial jurisdiction is to be distinguished from subject matter jurisdiction , which is the power of a court to render a judgment concerning a certain subject matter, or personal jurisdiction , which is the power of a court to render a judgment concerning particular persons, wherever they may be. Unlike subject matter jurisdiction, territorial jurisdiction may be waived, even unintentionally, by a defendant. Personal jurisdiction, territorial jurisdiction, subject matter jurisdiction, and proper notice to the defendant are prerequisites for a valid judgment. The types of territorial jurisdiction Types of jurisdictional territory within the international ..., and ruled by martial law imposed by the conqueror. International commons. Territory not under the jurisdiction ... on a status of forces agreement . Extraterritorial jurisdiction. This is asserted by most ... the United States , and how there can be different territorial jurisdiction for different subjects Territories over which the central government has exclusive jurisdiction for a broad range of subjects ... has exclusive jurisdiction for a broad range of subjects. State territory excluding territory ... exclusive jurisdiction under Art. IV Sec. 3 Cl. 2. State territory over which the central government has jurisdiction, either exclusive or concurrent, on a few specific subjects. County territory within which the county government has exclusive or concurrent jurisdiction with the state. Township territory within which the town government has exclusive or concurrent jurisdiction with the county or state. Federal judicial districts within which the court for that district has exclusive jurisdiction ... more details
Ancillary jurisdiction allows a United States federal court to hear certain claims sufficiently related to the original claim that would otherwise defeat the court s jurisdiction. Whereas pendent jurisdiction allows a federal court to hear state claims sufficiently related to an original federal claim, ancillary jurisdiction applies when the parties are in federal court because of Diversity jurisdiction diversity i.e., each defendant is from a state different than each plaintiff and one party wants to bring a claim against another party possibly a third party which would otherwise defeat that diversity. For example, a California resident the plaintiff might sue a New York resident the defendant in federal court based on diversity but the New York resident wants to impleader implead his New York based insurance company, an action which by itself has no diversity and therefore the federal court has no independent subject matter jurisdiction because the Third party Plaintiff defendant in the original action and the insurance company Third party Defendant are from the same state. Ancillary jurisdiction allows the federal court to continue hearing the case despite this lack of diversity because bringing in the insurance company is sufficiently related to and necessary for the fair conclusion of the claim. There are two important restraints on ancillary jurisdiction. First, the additional non federal claim must be sufficiently related to the original claim ancillary and dependent rather ... jurisdiction to a claim asserted by the defendant rather than the plaintiff because the plaintiff ... non diverse parties. Areas where ancillary jurisdiction can be asserted include counterclaim .... P. 24 . The seminal case on ancillary jurisdiction is Owen Equipment & Erection Co. v. Kroger , 437 ... Code U.S.C. 1367 b , part of its supplemental jurisdiction statute. Sources Owen Equipment & Erection Co. v. Kroger , 437 U.S. 365 1978 . UnitedStatesCode 28 1367 2006 . Category Jurisdiction Category ... more details
nofootnotes date July 2010 Private jurisdiction is the right of an indiviual or a Legal person legal entity to establish Court courts of law . It was prevalent during feudalism . A Exclusive right franchise , such as a corporation , a jurisdiction, or a right to collect certain tolls or taxes, was, in effect, a kind of property an incorporeal hereditament . Under English law incorporeal hereditaments including jurisdictions were either granted or recognized in charter s. Franchise jurisdictions included those of manorial court s, secular courts of ecclesiastical corporations in addition to the Church s own jurisdiction over family law , borough courts of municipal corporation s, merchant courts established on markets and fairs, and mining courts of mines and mining villages. In medieval England franchises could also be establsished for jurisdiction over partially or entirely privatized administrative territories such as Hundred county subdivision hundreds and county counties . Broad jurisdictional powers were also granted to many colonial corporations such as the East India Company . In medieval England for many substantive areas of law the king s courts only reviewed whether the franchise courts stayed within their jurisdictional and certain procedural bounds and not the substance of the case. Generally, the only way to remove or undo the remedy of a franchise court case in royal court was to bring one of several varieties of lawsuits for trespass tort against the franchise court. See also High, middle and low justice Zwing und Bann Court baron Court leet External links http unenumerated.blogspot.com 2006 06 jurisdiction as property paper.html Jurisdiction as property http szabo.best.vwh.net JurisdictionAsProperty.pdf Jurisdiction as Property Franchise Jurisdiction from Henry III to James I by Nicholas J. Szabo Category Jurisdiction Category Feudalism Category Legal history ... more details
USConlaw Jurisdiction stripping , also called curtailment of jurisdiction or court stripping , refers to the congressional practice of defining the jurisdiction of the United States Federal Courts United ..., but still potentially reviewable by state judiciaries. Basis Congress may define the jurisdiction ... to create and, implicitly, to define the jurisdiction of federal courts inferior to the Supreme ... . Second, Congress has the power to make exceptions to and regulations of the appellate jurisdiction ... Sherman of Connecticut, did not envision jurisdiction stripping as invariably insulating a law from ... 0CEMQ6AEwBQ v onepage&q&f false 241 1892 . ref blockquote Thus, there are two kinds of jurisdiction ... essentially insulates statutes from judicial review altogether. Jurisdiction stripping statutes usually ... v. Rumsfeld , 548 U.S. 557 2007 a jurisdiction conferring or jurisdiction stripping statute usually ... in controversy in order to bar the lower federal courts from hearing diversity jurisdiction diversity ... Court. ref Weiman, Theodore. http www.pennumbra.com issues pdfs 153 5 Weiman.pdf Jurisdiction ... federal court jurisdiction over cases not meeting the requirements since the first Judiciary Act ... question jurisdiction federal questions be Removal jurisdiction removed or appealed to federal court .... An elementary treatise on the jurisdiction and procedure of the federal courts , pages http books.google.com ... may not strip the U.S. Supreme Court of jurisdiction over those cases that fall under the Court s original jurisdiction defined in the U.S. Constitution, and instead Congress can only limit the appellate jurisdiction of the Court. ref May, Christopher and Ides, Allan. Constitutional Law National ...&f false 62 2007 . ref According to the Constitution, the Supreme Court has original jurisdiction ... Court has original jurisdiction merely because a state is a plaintiff or defendant, even if a provision ... v. Virginia , 19 U.S. 264 1821 T he original jurisdiction of the supreme court, in cases where a state ... more details
Refimprove date September 2007 Accrued jurisdiction within the context of the Law of Australia Australian legal system is the power held over state matters by federal courts. Accrued jurisdiction will occur when there are several cases brought to the Federal Court of Australia FCA where there are competing jurisdictions between them. In essence the state vests judicial authority in the federal court providing that a number of requirements are met. A claim that is based on a state law for example can be heard in a federal court depending on the actions done by respective parties the relationship between the parties the laws which attach rights or liabilities to the conduct and relationship of parties whether the different claims arise under the same subject matter whether the different claims are so related that the determination of one depends on the other The above test is applied by the court and a decision reached as to whether the court has accrued jurisdiction. A convenient example of this process is outlined in the case Re Wakim Ex parte McNally 1999 HCA where there is a conflict between state and federal jurisdictions. In this particular case it was held that accrued jurisdiction did exist but had it not the FCA would have been acting unconstitutionally had it proceeded hearing the case. Category Australian law Category Jurisdiction ... more details
Ecclesiastical jurisdiction in its primary sense does not signify jurisdiction over ecclesiastics church leadership , but jurisdiction exercised by church leaders over other leaders and over the laity . Jurisdiction is a word borrowed from the legal system which has acquired a wide extension in theology ... jurisdiction was essentially temporal in its origin and in its sphere. The Christian Church transferred ... in this respect between clergy and laity. Catholic canonical jurisdiction General concept and classification ... mission , is understood the authority to guide and rule the Church of God. Jurisdiction, insofar as it covers the relations of man to God, is called jurisdiction of the internal forum or jurisdiction ... Dispensation Catholic Church dispensation s from private vows. Jurisdiction, insofar as it regulates external ecclesiastical relations, is called jurisdiction of the external forum, or briefly jurisdictio fori . This jurisdiction, the actual power of ruling is legislative, judicial or coactive. Jurisdiction can be possessed in varying degrees. It can also be held either for both fora, or for the internal forum only, e.g. by the parish priest. Jurisdiction can be further sub divided into ordinary, quasi ordinary and delegated jurisdiction. Ordinary jurisdiction is that which is permanently ... an ordinary judge. By Divine law the pope has such ordinary jurisdiction for the entire Church and a bishop for his diocese. By human law this jurisdiction is possessed by the cardinal Catholicism ... s with quasi epsicopal jurisdiction, the chapters of orders or the superior general s of orders ... priests in the internal forum. If however jurisdiction is permanently connected with an office, but the office itself is said to be quasi ordinary, or jurisdictio vicaria . This form of jurisdiction ... jurisdiction can be granted, in varying degrees, to another as representative, without conferring on him an office properly so called. In this transient form jurisdiction is called delegated or extraordinary ... more details
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