excess of jurisdiction

excess of jurisdiction.

1. A court’s acting beyond the limits of its power, usu. in one of three ways: (1) when the court has no power to deal with the kind of matter at issue, (2) when the court has no power to deal with the particular person concerned, or (3) when the judgment or order issued is of a kind that the court has no power to issue. [Cases: Courts 29, 40. C.J.S. Courts §§ 67, 70, 91–92.]

2. A court’s departure from recognized and established requirements of law, despite apparent adherence to procedural form, the effect of which is a deprivation of one’s constitutional right. — Also termed excess jurisdiction.


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法律翻译Jenny,毕业于一所旨在培养高级翻译专业人才的翻译院校,专注翻译各类与重组与破产有关的法律文件。
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