Jurisdiction

Jurisdiction is a power introduced for the public good, on account of the necessity of dispensing justice.

Jurisdictio est potestas de publico introducta cum necessitate juris dicundi.

Source: 10 Co. 73a; Weisman, 66e

Jurisdiction exists to serve the public — not to expand government power. When jurisdiction is used against the public interest, it is perverted from its purpose.

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

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

A judicial act performed before one who is not the proper judge is void; but a ministerial act, from whomsoever it proceeds, may be ratified.

Actus judiciarius coram non judice irritus habetur, de ministeriali autem a quocunque provenit ratum esto.

Source: Lofft 458; Broom, Max. 92

The distinction between judicial and ministerial acts is critical — only ministerial defects may be cured after the fact; a void judgment for want of jurisdiction cannot be made valid by ratification.

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

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 jurisdiction is given, those powers also are deemed granted without which the jurisdiction cannot be exercised.

Ubi jurisdictio data est, ea quoque concessa esse videntur sine quibus jurisdictio explicari non potest.

Source: Dig. 2, 1, 2; 1 Kent, Comm. 339

The grant of jurisdiction carries with it every power necessary to its effective exercise — but no more; implied powers cannot exceed the original grant.

Every jurisdiction has its own bounds.

Unaquaeque jurisdictio suos fines habet.

Source: Jenk. Cent. 137

No court's authority is unlimited — every tribunal is confined to the territory, subject matter, and persons within its lawful commission.

Where a man offends, there shall he be punished.

Ubi quis delinquit, ibi punietur.

Source: 3 Inst. 24; Bract. fol. 154b

Jurisdiction in criminal matters belongs to the place where the offense was committed — transporting a cause to a distant forum deprives the accused of his right to be tried by jurors of the vicinage.