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NeCede's

Maxim 2.6.9

The grant of jurisdiction implies the grant of all powers necessary to its exercise.

Source: 1 Kent, Comm. 339; Dig. 2, 1, 2; Weisman, 66h Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A court that has been granted jurisdiction over a subject matter possesses all incidental powers necessary to exercise that jurisdiction effectively, without needing a separate grant for each power.

Where this applies

  • A court is given jurisdiction over maritime disputes and inherently possesses the power to issue injunctions, appoint receivers, and order the seizure of vessels because those powers are necessary to exercise maritime jurisdiction effectively.
  • A family court with jurisdiction over custody matters necessarily has the incidental power to order psychological evaluations, appoint guardians ad litem, and compel discovery because those tools are essential to exercising custody jurisdiction.
  • A court granted jurisdiction over tax appeals implicitly has the power to subpoena records, compel testimony, and stay collection because without those powers the jurisdictional grant would be meaningless.

Legal domains

Cite this maxim

NeCede Max. 2.6.9 — The grant of jurisdiction implies the grant of all powers necessary to its exercise. — 1 Kent, Comm. 339; Dig. 2, 1, 2; Weisman, 66h

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