Maxim 8.4.2
He who exercises jurisdiction beyond his proper limits cannot be obeyed with safety.
Qui extra jurisdictionem suam judicat, tuto non paretur.
Source: Dig. 2, 1, 20; 10 Co. 77; Story, Confl. Laws §539
Difficulty 1/5 — Foundational
Explanation
Obedience to a court acting outside its jurisdiction is not merely optional — it is affirmatively dangerous, because the proceedings are void and any act taken in reliance on them is without legal protection.
Where this applies
- A court from another state is trying to enforce a judgment in my state.
- I'm being told to obey a court that has no authority over me.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 8.4.2 — He who exercises jurisdiction beyond his proper limits cannot be obeyed with safety. — Dig. 2, 1, 20; 10 Co. 77; Story, Confl. Laws §539 (Qui extra jurisdictionem suam judicat, tuto non paretur.)
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