Legal Definitions - claim of conusance

A claim of conusance (also known as a claim of cognizance) is a formal request made by a specific court, university, or other privileged body to assert its exclusive right to hear a particular legal case, even though the case might have initially been filed in a different, general jurisdiction court. This claim is typically based on ancient charters, statutes, or established customs that grant the requesting body special jurisdiction over certain persons or matters. If the claim is granted, the case is transferred to the privileged court for resolution.

• Example 1: University Jurisdiction
  Imagine a student at a historic university, which possesses a royal charter granting it special jurisdiction over its members in certain civil and minor criminal matters. If this student were to be sued in a local county court for a small debt, the university's own internal court might file a claim of conusance. The university would argue that its charter gives it the exclusive right to hear cases involving its students for such disputes, thereby seeking to transfer the case from the county court to the university's own tribunal.

  This example illustrates how a privileged body (the university) asserts its chartered right to hear a case involving one of its members, pulling it from a general jurisdiction court.

• Example 2: Ecclesiastical Privilege
  Consider a historical scenario where a clergyman is accused of a minor offense, such as a breach of the peace. While the local magistrate's court would typically handle such a case, an ecclesiastical court (a church court) could file a claim of conusance. It would assert its historical privilege to try its own clergy for certain offenses, thereby seeking to move the case from the secular court to the church's own judicial system.

  This demonstrates a historically privileged body (the ecclesiastical court) claiming jurisdiction over a specific class of persons (clergy) for certain matters, overriding the usual secular court.

• Example 3: Chartered Town Court
  In a medieval town that was granted a special royal charter, the town's own court might have been given exclusive jurisdiction over all commercial disputes arising within its designated market square. If a merchant from that town were to sue another merchant in a royal court over a dispute that occurred in the market, the town's court could file a claim of conusance. It would argue that its charter dictates such cases must be heard within its own municipal court, not the royal court.

  This shows a local authority with a specific charter claiming exclusive jurisdiction over a particular type of dispute (commercial matters within its market) that would otherwise be heard by a higher, general court.