Without jurisdiction definition

Without jurisdiction means that the court acted with absolute lack of authority. There is “excess of jurisdiction” when the court transcends its power or acts without any statutory authority. “Grave abuse of discretion” implies such capricious and whimsical exercise of judgment as to be equivalent to lack or excess of jurisdiction. In other words, power is exercised in an arbitrary or despotic manner by reason of passion, prejudice, or personal hostility, and such exercise is so patent or so gross as to amount to an evasion of a positive duty or to a virtual refusal either to perform the duty enjoined or to act at all in contemplation of law.[28]
Sample 1
Without jurisdiction means that the court acted with absolute want of jurisdiction. ‘Grave abuse of discretion’ implies such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction, or, in other words where the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility, and it must be so patent and gross as to amount to an evasion of positive duty or to a virtual refusal to perform the duty enjoined or to act at all in contemplation of law.”
Sample 1

Examples of Without jurisdiction in a sentence

  • Without jurisdiction, we simply do not have the legal authority to address the substantive claims.” Commonwealth v.

  • Without jurisdiction conferred by statute or the Constitution, federal courts lack the power to adjudicate claims.

  • Without jurisdiction, an adjudicator’s decision will be null and void and, ultimately, will not be enforced by the courts.

  • Without jurisdiction, the Court is powerless to administer justice.28 In time, the decisions of the World Court may become binding and enforceable upon all states; however, in the short term, the World Court might be strengthened through two other measures.

  • Without jurisdiction, the court has no authority to act any further in that case.

  • Without jurisdiction over Orion—successor to the signatory of the 2006 Settlement Agreement—the district court could not provide the remedy sought by Chrysler and Mercedes, namely monetary damages for the Breach of Warranty Counterclaim.

  • Without jurisdiction, a court simply does not have the legal authority to address the substantive claims.”).Finally, Scullen claims that the trial court lacked subject matter jurisdiction to accept his guilty plea “when [he] pled guilty to elements of an aggravated crime not specified in his [C]riminal [I]nformation.” Brief for Appellant at 15.

  • Therefore, this study concluded that the complex economic nature of China injustice the generalization of Phillips curve.

  • Without jurisdiction, we simply do not have the legal authority to address the substantive claims.

  • Without jurisdiction they would not have had power to adjudicate on the merits or to dismiss the case with prejudice.

Related to Without jurisdiction

  • Reference Jurisdiction means, in respect of the Reference Currency, the country (or countries of the currency block) for which the Reference Currency is the lawful currency.

  • Base jurisdiction means the member jurisdiction, selected in accordance with the plan, to which an applicant applies for apportioned registration under the plan or the member jurisdiction that issues apportioned registration to a registrant under the plan.

  • Pertinent Jurisdiction in relation to a company, means:

  • Home jurisdiction means the jurisdiction that issued the driver's license of the traffic violator.

  • Applicable Jurisdiction means the jurisdiction or jurisdictions under which the Borrower is organized, domiciled or resident or from which any of its business activities are conducted or in which any of its properties are located and which has jurisdiction over the subject matter being addressed.

  • Relevant Jurisdiction means, with respect to a party, the jurisdictions (a) in which the party is incorporated, organised, managed and controlled or considered to have its seat, (b) where an Office through which the party is acting for purposes of this Agreement is located, (c) in which the party executes this Agreement and (d) in relation to any payment, from or through which such payment is made.

  • Court of competent jurisdiction means a federal court, or a state court that entered an order in a child custody proceeding involving an Indian child, as long as the state court had proper subject matter jurisdiction in accordance with this chapter and the laws of that state, or a tribal court that had or has exclusive or concurrent jurisdiction pursuant to 25 U.S.C. Sec. 1911.

  • Eligible Jurisdiction means Australia, Canada, Cayman Islands, Germany, Ireland, Luxembourg, New Zealand, Sweden, Switzerland, The Netherlands, the United Kingdom and the United States.

  • Jurisdiction means a province or territory of Canada except when used in the term foreign jurisdiction;

  • Local jurisdiction means the jurisdiction in which the Canadian securities regulatory authority is situate;

  • Uniform Commercial Code jurisdiction means any jurisdiction that has adopted all or substantially all of Article 9 as contained in the 2000 Official Text of the Uniform Commercial Code, as recommended by the National Conference of Commissioners on Uniform State Laws and the American Law Institute, together with any subsequent amendments or modifications to the Official Text.

  • Original Jurisdiction means, in relation to an Obligor, the jurisdiction under whose laws that Obligor is incorporated as at the date of this Agreement.

  • Authority Having Jurisdiction means a federal, state, local, or other regional department, or an individual such as a fire marshal, building official, electrical inspector, utility provider or other individual having statutory authority.

  • Non-Cooperative Jurisdiction means any foreign country that has been designated as noncooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Task Force on Money Laundering, of which the U.S. is a member and with which designation the U.S. representative to the group or organization continues to concur;

  • primary insolvency jurisdiction means the Contracting State in which the centre of the debtor’s main interests is situated, which for this purpose shall be deemed to be the place of the debtor’s statutory seat or, if there is none, the place where the debtor is incorporated or formed, unless proved otherwise;

  • Taxing Jurisdiction has the meaning specified in Section 10.04.

  • Courts means the Ontario Court and Quebec Court.

  • foreign jurisdiction means a country other than Canada or a political subdivision of a country other than Canada;

  • Property Jurisdiction means the jurisdiction in which the Land is located.

  • sitting means, in relation to a House, a period during which that House is sitting continuously without adjournment, and includes any period during which the House is in committee;

  • Relevant Taxing Jurisdiction shall have the meaning specified in Section 4.07(a).

  • Partner Jurisdiction means a jurisdiction that has in effect an agreement with the United States to facilitate the implementation of FATCA. The IRS shall publish a list identifying all Partner Jurisdictions.

  • Selling Jurisdictions means, collectively, each of the Qualifying Jurisdictions and may also include, the United States and any other jurisdictions outside of Canada and the United States as mutually agreed to by the Corporation and the Underwriters;

  • Participating Jurisdiction means a jurisdiction with which an agreement is in place pursuant to which it will provide the information required on the automatic exchange of financial account information set out in the Common Reporting Standard.

  • Offering Jurisdictions means the United States and the Qualifying Jurisdictions;

  • Other jurisdiction means one of the other forty-nine states,