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What is mandatory V persuasive authority?
Which cases are considered mandatory authority?
What does jurisdiction mean in law?
What does general jurisdiction mean?
Jul 2, 2024 · Mandatory is almost always Primary. Mandatory must be followed. BUT Primary is NOT always Mandatory. Jurisdiction Dependent (Usually) -Persuasive authority may be followed, but no court or other entity is required to do so. Persuasive authority may be primary or secondary. Last Updated:
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- Executive
- Introduction
- Meaning of Jurisdiction
- Lack of Jurisdiction and Irregular Exercise of Jurisdiction
- The Basis to Determine Jurisdiction
- Jurisdiction of Foreign Courts
- Kinds of Jurisdiction
- Expounding and Expanding Jurisdiction
- Jurisdiction of Civil Court
- Exclusion of Jurisdiction: Limitations
- Principles of Exclusion of Jurisdiction of Civil Court
Jurisdiction has not been explained in the Code of Civil Procedure. In simple words, it can be described as the power of the court to settle the matter. The Indian Judiciary has invoked the ancient legal maxim ‘Ubi jus Ibi Remedium’, which means that where there is a right there is a remedy. The judicial forum must have jurisdiction to deal with th...
Jurisdiction is defined as the limit of judicial authority or extent to which a court of law can exercise its authority over suits, cases, appeals etc. A 1921 Calcutta High Court judgement in the case of Hriday Nath Roy Vs Ram Chandrasought to explain the meaning of the term ‘Jurisdiction’ in detail. An investigation of the cases in the texts shows...
Whenever the suit is made before the court the initial issue is to decide whether the court has jurisdiction to deal with the matter. If the court has all the three territorial, pecuniary or subject matter jurisdiction then simply the court has the power to deal with any of the cases. If the court does not have any of the jurisdiction then it will ...
Jurisdiction is determined mainly on the grounds of: 1. Fiscal value; 2. Geographical boundaries of a court; 3. The subject matter of court. So, the Court, before accepting notice of crime, need to take into consideration the following characteristics: 1. The Fiscal value of the trial. 2. The specialities of the case. 3. The regional limits of the ...
A foreign court is described as a court outside India and not authorised or continued by the authority of the Central Government, and a foreign judgement means a judgement of a foreign court. In other words, a foreign judgement means an adjudication by a foreign court upon a matter before it. The following conditions would give power to the foreign...
Territorial or local jurisdiction
Under this territorial or local jurisdiction, the geographical limits of a court’s authority are clearly delineated and specified. It cannot exercise authority beyond that geographical/ territorial limit. For example, if a certain crime is committed in Madhya Pradesh, only the courts of law within the borders of Madhya Pradesh can hear and decide the case. Furthermore,Section 16 of the Code of Civil Procedure explains the territorial jurisdiction on the grounds of the location of the immovabl...
Pecuniary jurisdiction
Pecuniary means ‘related to capital.’ It approaches the question of whether the court is competent to try the case of the financial value. The code allows analysing the case unless the suit’s value exceeds the financial limit of the court. Section 15 of the Code of Civil Procedure commands the organisation of the suit in the court of the low grade. It refers to pecuniary jurisdiction of Civil court. It is a course of the method and it does not affect the jurisdiction of the court. The main ob...
Jurisdiction as to the subject matter
The subject matter can be defined as the authority vested in a court to understand and try cases concerning a special type of subject matter. In other words, it means that some courts are banned from hearing cases of a certain nature. No question of choices can be decided by the court which do not have subject matter jurisdiction. Section 21of the Code of Civil Procedure is related to the stage challenging the jurisdiction. For Example, “Ranveer”, a resident of Sonipat bought a food item of ‘...
Expounding jurisdiction means to describe, clarify and explain jurisdiction. Expanding jurisdiction means to develop, expand or prolong jurisdiction. It is the duty of the court to clarify its jurisdiction and it is not proper for the court to extend its jurisdiction.
Section 9 of CPC
Section 9of the Code of Civil procedure deals with the jurisdiction of civil courts in India. It declares that the court shall have jurisdiction to try all lawsuits of civil nature accepting suits of which their cognizance is either expressly or impliedly barred.
Conditions
A Civil court has jurisdiction to decide a suit if two requirements are fulfilled: 1. The suit must be of a civil nature. 2. The cognizance of such a suit should not have been expressly or impliedly barred.
ii) Cognizance not barred
A claimant having a complaint of a civil nature has the power to begin a civil suit unless its cognizance is barred, either expressly or impliedly.
The common assumption is that the civil court has the jurisdiction to try the case. The prosecution has a case of a civil nature has, independent of any statute, a power to initiate a suit in a civil court unless its notice is expressly or impliedly barred yet it cannot be said that the jurisdiction is entirely eliminated. In the case ofSecretary o...
Hidyatullah summarized the following principles relating to exclusion of jurisdiction of civil courts: 1. When a statute provides finality to the orders of particular tribunals, the civil court jurisdiction must be kept to be prohibited. Such a provision does not eliminate those cases where the terms of the act have not complied with fundamental laws of judicial method. 2. When there is an express bar of jurisdiction of the court, an examination of a scheme of a particular act to find the ade...
The Supreme Court laid down the following principles as relevant to the jurisdiction of civil courts in association with industrial disputes: 1. If a conflict is not an industrial conflict, nor does it correlate to the enforcement of any other right under the industrial dispute act, the remedy lies only in civil court. 2. If a conflict is an industrial conflict emerging out of a right or liability under the general or public law, the jurisdiction of the court is an alternative left to the per...
The Supreme court summarized the following principles applicable to industrial disputes: 1. When the conflict originates from the common law of contract, a suit registered in civil court is not maintainable even though such conflict establish industrial dispute within the definition of Section 2(k) of Industrial Disputes Act, 1947. 2. When a dispute involves the recognition or enforcement of rights created by an enactment which is called sister enactments and do not provide a forum for the re...
Aug 2, 2024 · Mandatory (Binding): Authority that a court must follow, i.e., that is binding on a court. Persuasive: Authority that a court may, but is not bound to, follow. For example, decisions from one jurisdiction may be persuasive authority in the courts of another jurisdiction.
- Matthew Timko
- 2015
Mandatory authority is legal authority that is binding and must be followed. It consists of constitutions, legislations, and judicial decisions that are specific to a jurisdiction.
Feb 2, 2024 · Courts are required to follow the decisions of higher courts in the same jurisdiction. Accordingly, cases which are both (1) from a higher court, and (2) in the same jurisdiction are considered mandatory authority.
- Jodi Kruger
- 2017
Mandatory jurisdiction differs from discretionary jurisdiction in that it requires courts to hear specific cases as mandated by law, while discretionary jurisdiction allows courts to choose which appeals to consider.
Learn about the fundamental principles of American common law, such as stare decisis, court hierarchy, jurisdiction, and mandatory/persuasive authority. Understand the difference between common law and civil law, and the role of case law, statutes, and constitutions in the American legal system.
