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jurisdiction 音标拼音: [dʒ ,ʊrəsd'ɪkʃən] [dʒ ,ʊrɪsd'ɪkʃən] n. 司法权,审判权,管辖权 司法权,审判权,管辖权 jurisdiction n 1: ( law) the right and power to interpret and apply the law; " courts having jurisdiction in this district" [ synonym: { legal power}, { jurisdiction}] 2: in law; the territory within which power can be exercisedJurisdiction \ Ju` ris* dic" tion\, n. [ L. jurisdictio; jus, juris, right, law dictio a saying, speaking: cf. OF. jurisdiction, F. juridiction. See { Just}, a., and { Diction}.] [ 1913 Webster] 1. ( Law) The legal power, right, or authority of a particular court to hear and determine causes, to try criminals, or to execute justice; judicial authority over a cause or class of causes; as, certain suits or actions, or the cognizance of certain crimes, are within the jurisdiction of a particular court, that is, within the limits of its authority or commission. [ 1913 Webster] 2. The authority of a sovereign power to govern or legislate; the right of making or enforcing laws; the power or right of exercising authority. [ 1913 Webster] To live exempt From Heaven' s high jurisdiction. -- Milton. [ 1913 Webster] You wrought to be a legate; by which power You maim' d the jurisdiction of all bishops. -- Shak. [ 1913 Webster] 3. Sphere of authority; the limits within which any particular power may be exercised, or within which a government or a court has authority. [ 1913 Webster] Note: Jurisdiction, in its most general sense, is the power to make, declare, or apply the law. When confined to the judiciary department, it is what we denominate the judicial power, the right of administering justice through the laws, by the means which the laws have provided for that purpose. Jurisdiction is limited to place or territory, to persons, or to particular subjects. -- Duponceau. [ 1913 Webster] 194 Moby Thesaurus words for " jurisdiction": accountability, acme, actionability, administration, agency, agentship, ambit, applicability, area, arena, ascendancy, assignment, auspices, authority, authorization, bailiwick, be- all and end- all, beat, blue ribbon, border, borderland, bossing, bounds, brevet, care, championship, charge, circle, circuit, claws, clutches, command, commission, commissioning, commitment, compass, confines, consignment, constitutional validity, constitutionalism, constitutionality, control, cure, custodianship, custody, delegated authority, delegation, demesne, department, deputation, devolution, devolvement, directorship, disposition, district, domain, domination, dominion, due process, effectiveness, embassy, empery, empire, empowerment, entrusting, entrustment, errand, executorship, exequatur, eye, factorship, field, first place, first prize, full power, governance, government, grasp, grip, gripe, guardianship, guidance, hand, hands, headship, hegemony, height, helm, hemisphere, highest, hold, imperium, influence, intendance, iron hand, judicial circuit, justice, justiciability, keeping, kingship, lawfulness, leadership, legal form, legal process, legalism, legality, legation, legitimacy, legitimateness, license, licitness, lieutenancy, limits, lordship, management, mandate, march, mastership, mastery, maximum, might, ministry, mission, most, ne plus ultra, new high, office, orb, orbit, oversight, pale, palms, paramountcy, pastorage, pastorate, pastorship, patronage, plenipotentiary power, power, power of attorney, power to act, precinct, prerogative, presidency, primacy, procuration, protectorship, province, proxy, purview, raj, range, reach, realm, record, regency, regentship, regnancy, reign, reins of government, responsibility, rightfulness, round, rule, safe hands, say, scope, sovereignty, sphere, sphere of influence, stewardship, strings, superintendence, supervision, supremacy, surveillance, sway, talons, task, territory, top spot, trust, trusteeship, tutelage, validity, vicarious authority, walk, ward, wardenship, wardship, warrant, watch and ward, wing, zenithJURISDICTION, Practice. A power constitutionally conferred upon a judge or magistrate, to take cognizance of, and decide causes according to law, and to carry his sentence into execution. 6 Pet. 591; 9 John. 239. The tract of land or district within which a judge or magistrate has jurisdiction, is called his territory, and his power in relation to his territory is called his territorial jurisdiction. 2. Every act of jurisdiction exercised by a judge without his territory, either by pronouncing sentence or carrying it into execution, is null. An inferior court has no jurisdiction beyond what is expressly delegated. 1 Salk. 404, n.; Gilb. C. P. 188; 1 Saund. 73; 2 Lord Raym. 1311; and see Bac. Ab. Courts, & c., C, et seq; Bac. Ab. Pleas, E 2. 3. Jurisdiction is original, when it is conferred on the court in the first instance, which is called original jurisdiction; ( q. v.) or it is appellate, which is when an appeal is given from the judgment of another court. Jurisdiction is also civil, where the subject- matter to be tried is not of a criminal nature; or criminal, where the court is to punish crimes. Some courts and magistrates have both civil and criminal jurisdiction. Jurisdiction is also concurrent, exclusive, or assistant. Concurrent jurisdiction is that which may be entertained by several courts. It is a rule that in cases of concurrent jurisdictions, that which is first seized of the case shall try it to the exclusion of the other. Exclusive jurisdiction is that which has alone the power to try or determine the Suit, action, or matter in dispute. assistant jurisdiction is that which is afforded by a court of chancery, in aid of a court of law; as, for example, by a bill of discovery, by the examination of witnesses de bene esse, or out of the jurisdiction of the court; by the perpetuation of the testimony of witnesses, and the like. 4. It is the law which gives jurisdiction; the consent of, parties, cannot, therefore, confer it, in a matter which the law excludes. 1 N. & M. 192; 3 M' Cord, 280; 1 Call. 55; 1 J. S. Marsh. 476; 1 Bibb, 263; Cooke, 27; Minor, 65; 3 Litt. 332; 6 Litt. 303; Kirby, 111; 1 Breese, 32; 2 Yerg. 441; 1 Const. R. 478. But where the court has jurisdiction of the matter, and the defendant has some privilege which exempts him from the jurisdiction, he may wave the privilege. 5 Cranch, 288; 1 Pet. 449; 8 Wheat. 699; 4 W. C. C. R. 84; 4 M' Cord, 79; 4 Mass. 593; Wright, 484. See Hardin, 448; 2 Wash. 213. 5. Courts of inferior jurisdiction must act within their jurisdiction, and so it must appear upon the record. 5 Cranch, 172 Pet. C. C. R. 36; 4 Dall. 11; 2 Mass. 213; 4 Mass. 122; 8 Mass. 86; 11 Mass. 513; Pr. Dec. 380; 2 Verm. 329; 3 Verm. 114; 10 Conn. 514; 4 John. 292; 3 Yerg. 355; Walker, 75; 9 Cowen, 227; 5 Har. & John. 36; 1 Bailey, 459; 2 Bailey, 267. But the legislature may, by a general or special law, provide otherwise. Pet. C. C. R. 36. Vide 1 Salk. 414; Bac. Ab. Courts, & c., C. D; Id. Prerogative, E 6; Merlin, Rep. h. t.; Ayl. Pat. 317, and the art. Competency. As to the force of municipal law beyond the territorial jurisdiction of the state, see Wheat. Intern. Law, part a, c. 2, Sec. 7, et seq.; Story, Confl. of Laws, c. 2; Huberus, lib. 1, t. 3; 13 Mass. R. 4 Pard. Dr. Com. part. 6, t. 7, c. 2, Sec. 1; and the articles Conflict of Laws; Courts of the United States. See generally, Bouv. Inst. Index, h. t.
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