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NeCede's

Maxim 2.6.2

One who exercises jurisdiction out of his territory is not obeyed with impunity.

Extra territorium jus dicenti impune non paretur.

Source: Dig. 2, 1, 20; 10 Co. 77; Story, Confl. Laws §539; Weisman, 66m Difficulty 1/5 — Foundational

Explanation

An officer acting outside his jurisdictional bounds acts without authority. Obedience to such ultra vires commands is not required and may be dangerous.

Where this applies

  • A state court tries to enforce its orders in another state.
  • A federal agent acts outside their jurisdictional authority.

Topics

Jurisdiction

Legal domains

proceduralsovereignty

See also

Cite this maxim

NeCede Max. 2.6.2 — One who exercises jurisdiction out of his territory is not obeyed with impunity. — Dig. 2, 1, 20; 10 Co. 77; Story, Confl. Laws §539; Weisman, 66m (Extra territorium jus dicenti impune non paretur.)

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