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NeCede's

Maxim 8.1.49

A judge should keep his jurisdiction within the limits of his commission.

Source: 4 Inst. 163; Black's, 2d. 1056; Weisman, 63r Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A judge who exceeds the bounds of his commission acts without authority — every judicial officer must stay within the jurisdiction conferred upon him.

Where this applies

  • A county judge tries to rule on a federal immigration case and is told he has no authority because immigration falls outside his commission.
  • A traffic court judge attempts to decide a murder case, and the ruling is void because murder is beyond the jurisdiction granted to traffic court.
  • A state family court judge issues an order regarding a military service member's deployment, and the order is struck down because military matters are outside the court's commission.

Legal domains

Cite this maxim

NeCede Max. 8.1.49 — A judge should keep his jurisdiction within the limits of his commission. — 4 Inst. 163; Black's, 2d. 1056; Weisman, 63r

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