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Jurisdiction versus exercise of jurisdiction
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TOPIC: Jurisdiction versus exercise of jurisdiction

Jurisdiction versus exercise of jurisdiction 9 months, 3 weeks ago #521

  • thata
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Jurisdiction is the power or authority of the court. The exercise of this power or authority is the exercise of jurisdiction.

Re:Jurisdiction versus exercise of jurisdiction 9 months, 1 week ago #638

  • lacson
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how jurisdiction acquired in criminal and civil cases?

Re:Jurisdiction versus exercise of jurisdiction 2 months, 3 weeks ago #1278

  • elvis
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Jurisdiction is the power and authority of a court to try, hear and decide a case and to carry its judgment into effect.

However, jurisdiction has many aspects depending on nature of the legal dispute, whether it is criminal or civil action. In criminal actions, jurisdiction of the court is, as a general rule, determined on the basis of the place where the crime is committed. And as to civil cases, jurisdiction depends on the subject-matter, the parties to the controversy, the res or the thing involved in the dispute as well as the issue to be resolved.

Jurisdiction over the Parties

Jurisdiction over the plaintiff (the person who sued) is acquired the moment he files his complaint, petition or initiatory pleading. On the other hand, jurisdiction over the person of the defendant (the person who is being sued) is acquired either by his voluntary appearance in court and submission to its authority like when he submits his answer to the complaint, or by means of a valid service of summons or other coercive process upon him.

Jurisdiction over the Subject-matter

Jurisdiction over the subject-matter is conferred by law and determined by the allegations made in the complaint. It is conferred by law and not subject to agreement by the parties except that in some exceptional cases, jurisdiction is acquired by the court through the application of the equitable doctrine of estoppel.

Jurisdiction over the Res

It is acquired by the seizure of the property under legal process or as a result of the institution of legal proceedings in which the power of the court is recognized and made effective.

Jurisdiction over the Issues

Issues are those the court are tasked to resolve by means of trial culminating in the promulgation of a decision. Issues are raised in the pleadings submitted by the contending parties before the court or in the pre-trial order or those that are tried due to the express or implied consent by the parties.

These requisites must always be present before a court can validly act upon a legal controversy and render a valid decision. Otherwise, its actions are subject to a suit for prohibition and other injunctive reliefs before a superior court. In the same vein, the decisions of a court bereft of jurisdiction are null and void. They have no legal effect and they are subject to collateral and direct attacks by the parties as well as other persons who might be affected by them.
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