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Simple English definitions for legal terms
excess jurisdiction
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A quick definition of excess jurisdiction:
Excess jurisdiction is when a court goes beyond its power. This can happen in three ways: when the court deals with something it has no power to handle, when it deals with someone it has no power over, or when it issues a judgment or order it has no power to make. This can result in a violation of someone's constitutional rights, even if the court followed the correct procedures.
A more thorough explanation:
Excess jurisdiction refers to a situation where a court goes beyond its legal authority or power. This can happen in three ways:
- When the court has no power to deal with the type of case being presented.
- When the court has no power to deal with the specific person involved in the case.
- When the court issues a judgment or order that it has no power to issue.
For example, if a family court judge were to issue a ruling on a criminal case, that would be an example of excess jurisdiction because family courts do not have the authority to handle criminal cases.
Another example would be if a judge were to issue a ruling against a person who was not properly served with legal papers. In this case, the court would not have the power to make a ruling against that person because they were not given proper notice of the case.
Excess jurisdiction can also occur when a court follows the correct procedures but still violates a person's constitutional rights. For instance, if a judge were to issue a search warrant without probable cause, that would be an example of excess jurisdiction because the judge would be exceeding their legal authority.