Maxim 2.6.12
Jurisdiction is the power of a court to apply the law and to enter and enforce judgment.
Source: Jones v. Brinson, (N.C.) 78 S.E.2d 334, 337; Weisman, 66o
Explanation
(English-origin maxim.) Without jurisdiction — the lawful power to hear, decide, and enforce — a court's proceedings are void ab initio. Challenge jurisdiction at the threshold: demand that the court demonstrate its subject-matter and personal jurisdiction on the record before any further proceedings. Subject-matter jurisdiction can never be presumed or conferred by consent of the parties; personal jurisdiction may be waived but should be challenged at the threshold.
Where this applies
- A defendant challenges whether the court has any authority over him or the subject matter.
- A judgment is entered by a court that had no jurisdiction, and its validity is questioned.
See also
Cite this maxim
NeCede Max. 2.6.12 — Jurisdiction is the power of a court to apply the law and to enter and enforce judgment. — Jones v. Brinson, (N.C.) 78 S.E.2d 334, 337; Weisman, 66o
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