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NeCede's

Maxim 2.6.11

Decisions are, as it were, jurisdictions.

Source: Halk. Max. 73; Weisman, 66n Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Judicial decisions effectively define the boundaries and substance of jurisdiction — each decision is an exercise of jurisdictional power and in turn shapes the scope of that power for future cases.

Where this applies

  • A landmark Supreme Court decision on free speech effectively defines the boundaries of First Amendment jurisdiction for all lower courts going forward.
  • A state supreme court's ruling on property rights shapes what claims future courts can hear and how far their jurisdictional reach extends in property disputes.
  • An appellate court's interpretation of a statute establishes the jurisdictional limits for all trial courts applying that statute, because each decision functions as a boundary marker for future judicial power.

Legal domains

See also

Cite this maxim

NeCede Max. 2.6.11 — Decisions are, as it were, jurisdictions. — Halk. Max. 73; Weisman, 66n

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