God forbid that Judges upon their oath should make resolutions to enlarge jurisdiction.
It was natural that the direct wielders of the royal prerogative, men who sat in the Star Chamber and the Privy Council, who knew the secrets of the State and the necessity for prompt action, should despise the merely declaratory character of a good deal of Common Law process. To them we doubtless owe those four great pillars of Chancery jurisdiction, the injunction, the decree, the sequestration, and the commission of rebellion.edward jenks
I do not see to what purpose we exercise a superintendency over all inferior jurisdictions, unless it be to inspect their proceedings, and see whether they are regular or not. I have often heard it said that nothing shall be presumed one way or the other in an inferior jurisdiction.john pratt
It is imperative to take the initiative, to build firewalls around Alberta, to limit the extent to which an aggressive and hostile federal government can encroach upon legitimate provincial jurisdiction.stephen harper
If one of you should detect any dissatisfaction or unsettled feeling within your (the governors’) jurisdiction, you should take immediate and concrete steps for the complete removal of these elements ... Now the people of our nation must endure their inconveniences and overcome painful hardships in order to win this war.Hideki Tojo
I think that the proper and safe course is to follow a decision of a Court of co-ordinate jurisdiction, unless some cogent reason is given to the contrary.
It is imperative to take the initiative, to build firewalls around Alberta, to limit the extent to which an aggressive and hostile federal government can encroach upon legitimate provincial jurisdiction.
Faith exalts the human heart, by removing it from the market-place, making it sacred and unexchangeable. Under the jurisdiction of religion our deeper feelings are sacralized, so as to become raw material for the ethical life: the life lived in judgement.roger scruton
I am extremely unwilling that we should take upon ourselves to exercise a jurisdiction which the law does not vest in us.abbott, charles, 1st baron tenterden
My job is to investigate whether or not a crime is committed, can be proved and should be charged. I'm not going to comment on what to make beyond that. You know, it's not my jurisdiction, not my job, not my judgment.patrick fitzgerald
Neither Union Carbide nor its officials are subject to the jurisdiction of the Indian court since they did not have any involvement in the operation of the plant... The government of India needs to address any ongoing medical and health concerns of the Bhopal people.
As to relief against fraud, no invariable rules can be established, Fraud is infinite; and were a Court of equity once to lay down rules, how far they would go, and no farther, in extending their relief against it, or to define strictly the species or evidence of it, the jurisdiction would be cramped and perpetually eluded by new schemes, which the fertility of man's invention would contrive.
It was natural that the direct wielders of the royal prerogative, men who sat in the Star Chamber and the Privy Council, who knew the secrets of the State and the necessity for prompt action, should despise the merely declaratory character of a good deal of Common Law process. To them we doubtless owe those four great pillars of Chancery jurisdiction, the injunction, the decree, the sequestration, and the commission of rebellion.
Most matters previously subject to state jurisdiction have been pulled into the orbit of the judiciary. So much for Alexander Hamilton's promise, in Federalist No. 78 (May 28, 1788), that the Judiciary would be the weakest of the three branches of his proposed government.
This Court is not a Court of penal jurisdiction. It compels restitution of property unconscientiously withheld; it gives full compensation for any loss or damage through failure of some equitable duty:;; but it has no power of punishing any one.
In the books there are some loose dicta that an Act of Parliament and the common law should respectively stand as originals according to the circumstances of the case; but this is not law, unless it be confined to prohibitions for excess of jurisdiction and to restrain waste. Heath, J., Jefferson v. Bishop of Durham (1797), 2 Bos. & Pull. 129.
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall... abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
We ought not to interpose in a matter which seems peculiarly to belong to the jurisdiction of a Court of equity.
The rule for jurisdiction is, that nothing shall be intended to be out of the jurisdiction of the superior Court, but that which specially appears to be so; and on the contrary, nothing shall be intended to be within the jurisdiction of an inferior Court but that which is so expressly alleged.
The Court ought never to come to the conclusion that two cases in the same Court, or in Courts of co-ordinate jurisdiction, are in conflict, unless it is obliged to. I agree that if two cases are in conflict the Court must say with which of them it agrees.
The Court is not hungry after jurisdiction.
It is part of my duty to expound the jurisdiction of the Court. It is no part of my duty to expand it.
The title or description of a Court does not often point out the extent of its jurisdiction.
Those who act under a jurisdiction given by Act of Parliament, must shew their jurisdiction.
The rule is this: that wherever there is a decision of a Court of concurrent jurisdiction, the other Courts will adopt that as the basis of their decision, provided it can be appealed from. If it cannot be appealed from, then they will exercise their own judgment.
A Court of law is well justified, according to the comity of our Courts, in overruling the decision of another Court of co-ordinate jurisdiction.
It is a strange, wild jurisdiction, where the jurors are judges both of law and fact, and ignorant country fellows2 are to determine the nicest points of law.
The general principle is, that in order that an action may be maintained in this country in respect of a tort committed outside the jurisdiction, the act complained of must be a wrongful act, both by the law of this country and by the law of the country where it was committed; but it is not necessary that it should be the subject of civil proceedings in the foreign country.
It may come as a surprise to the T-oriented analyst that the typical organization chart is a poor guide regarding the locus of power in organizations: Real power does not lie in documents and memos outlining your terms of reference and area of jurisdiction: it lies in what you can achieve in practice.
For the libertarian, it is always illegitimate to initiate force against nonaggressors. Libertarianism is the political philosophy based on the concept of self-ownership; that is, every human being, simply by being a human being, has moral justification over his or her own body. This jurisdiction, which is called individual rights, cannot properly be violated, for this would be tantamount to claiming that human beings are not self-owners.
Create and save customized flash cards. Sign up today and start improving your vocabulary!