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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