Law

Jurisdiction

One of the most fundamental questions of law is whether a particular court has jurisdiction to preside over a particular case. The term jurisdiction is best understood when compared to the term "power". Any court has jurisdiction over matters only to the extent that it is granted by the Constitution and/or the law of sovereignty on behalf of which it functions.

Jurisdiction

Related topics

Hague Apostille, legal fact

What is jurisdiction?

Jurisdiction is the power or authority that comes from the power given by the State, to resolve conflicts that may have a citizen using the laws as a means of pressure to ensure that what has been dictated by a judge is complied with.

Overview

Jurisdiction consists of the power held by the State as a whole to resolve particular conflicts through the imposition of Law and the Right. This power is given to a state body, which in this case is the judiciary. In other words, it is the power of the State to administer justice through the organs of the Judicial Branch depending on what is stipulated in the Constitution of a given country.

Etymology

The word derives from the Latin “jus” which means right, “dicere” which has as meaning to declare and “lurisdictio” which means to dictate right. The word is a feminine noun that refers to authority, power or suitability that someone has to govern, command or lead.

Types of jurisdiction

There are several types of jurisdiction as follows:

Elements

The different elements found within the scope of jurisdiction are the following:

Limits

The limits of jurisdiction are as follows:

Within the limits of jurisdiction, it is also possible to mention as a limit the Respect of Rights, which are justified by the fact that one’s own jurisdiction cannot pass over the rights that are recognized to man by his quality as such.

Conflicts of jurisdiction

The conflict of jurisdiction is the one that arises when two or more judges or courts, depending on the case, have the same jurisdiction to take charge of a certain matter, so the conflict must be resolved before proceeding with the resolution of the litigation. These types of conflicts may be of a national nature affecting the legal order of a single state, or of an international nature affecting two or more legal systems.

How it differs from competition?

The difference is that competence is the power of a judge or court to exercise jurisdiction in a given matter, it is the measure that has the jurisdiction that has been assigned. Jurisdiction is proper to all courts and jurisdiction is a specific power for certain cases.

Examples include

Some examples of jurisdiction are as follows:

Written by Gabriela Briceño V.
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