Simple English definitions for legal terms
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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.
Definition: Excess of jurisdiction refers to a court's action that goes beyond its legal authority. This can happen in three ways:
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.