18:51
medicine is a scam
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
bootstrap doctrine
Read a random definition: ut res magis valeat quam pereat
A quick definition of bootstrap doctrine:
The bootstrap doctrine is a rule in law that says if a court has already made a decision about a person, their status, or their property, then that decision cannot be challenged in another court. This is because the parties involved are bound by the original decision, even if the issue was about whether the court had the right to make that decision in the first place. However, this rule cannot be used to give power to a court that doesn't have the authority to make a decision in the first place. For example, if a case involves federal law, a state court cannot use the bootstrap doctrine to give itself the power to make a decision about that case.
A more thorough explanation:
The Bootstrap Doctrine is a legal principle that prevents a party from challenging the jurisdiction of a court that has already made a final decision in a case. This means that if a court has already taken jurisdiction over a person, status, or land in a previous case, that decision cannot be challenged in a later case.
For example, if a court in California has already made a final decision in a case involving a person's property rights, that person cannot challenge the court's jurisdiction in a later case in New York. This is because the Bootstrap Doctrine prevents collateral attacks on the jurisdiction of a court that has already made a final decision.
However, it's important to note that the Bootstrap Doctrine cannot be used to give effectiveness to a judgment by a court that had no subject-matter jurisdiction. For instance, if a state court tries to assert jurisdiction over a federal matter, the parties cannot "bootstrap" that court into having jurisdiction.
Overall, the Bootstrap Doctrine is a legal principle that helps ensure that final decisions made by courts are respected and not challenged in later cases.