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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双语律师Jerry,毕业于一所培养最顶级翻译人才的语言学院,擅长翻译各类与欧洲隐私及安全法相关的法律文件。
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