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Simple English definitions for legal terms
excess of jurisdiction
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A quick definition of excess of jurisdiction:
Excess of Jurisdiction: When a court goes beyond its power and does something it is not allowed to do. This can happen in three ways: when the court deals with a matter it has no power over, when it deals with a person it has no power over, or when it issues a judgment or order it has no power to issue. This is also called excess jurisdiction. Sometimes, even if the court follows the rules, it can still violate someone's rights.
A more thorough explanation:
Definition: Excess of jurisdiction refers to a court's action that goes beyond its legal authority. This can happen in three ways:
- When the court has no power to deal with the type of matter being discussed.
- When the court has no power to deal with the specific person involved.
- When the judgment or order issued is not within the court's legal authority.
For example, if a family court judge were to issue a ruling on a criminal case, that would be an excess of jurisdiction because family courts do not have the authority to handle criminal cases. Similarly, if a judge were to issue a ruling against someone who was not a party to the case, that would also be an excess of jurisdiction.
Another example of excess of jurisdiction would be if a judge were to issue a ruling that violates a person's constitutional rights, even if the judge followed all the correct procedures. This is because the court has departed from established legal requirements.