JURISDICTION (Lat. jurisdirtio, juris die tio, administration of law. from furls, gen. sg. ni PIA, right, law. and dietio, statement. from dicer', to say). The authority of a court or judicial officer to hear and determine a cause of action, or to take cognizance of, and to exer cise judicial power in relation to, other matters requiring such supervision and attention. It is ennli rred by the statutes creating and govern the court or judicial office, and is confined to the limitations prescribed by such laws or reasonably to be implied therefrom. For example, if a court is created for the express purpose of bearing criminal cases, it cannot assume juris diction over civil causes, as they are by impli cation excluded. There is some controversy as to whether a court has inherent powers. This arises largely from a confusion of terms rather than a difference of opinion as to the source of authority of judicial tribunals. A court is often vested with genera] jurisdiction over a certain class of ernes, and it is universally conceded that it has such powers as are incidental and 'requisite to the execution of the relief it is au thorized to administer. For example. if a court is created to act as a 'court of equity,' and noth ing further is prescribed as to the limits of its jurisdiction, it can do any act which a court hav ing equitable jurisdiction can do under the prac tice then commonly accepted. its powers in such a ease are not enumerated. but they are inci dental to the general authority given. There fore judicial tribunals have no inherent powers outside of the jurisdiction expressly vested in them. but have what may be described as powers incidental to the execution of their prescribed judicial functions.
To render the jurisdiction of a court complete in a given case, it must have control or authority over the general subject matter of the cause of net ion and of the person or property (res) in volved. The phrase 'subjcet matter' includes the general subject, or legal classification of rights and remedies under which the parties claim. Jurisdiction may he in personam or in rem— that is, over the person or over the thing in volved. (See TN Raw: Tx PERsoNAm.) Juris diction may be made to depend on the amount in controversy as well as on the maitre of the action; thus a court may have cognizance only of civil causes not involving over .100.
The territorial jurisdiction of a court is usu ally fixed by statute. and can in no case extend beyond the limits of the State or nation creating it. in general it may be said that a court has jurisdiction of any person who comes within its prescribed territorial limits so that its process may he served upon him. even though he he a non-resident or an alien. (See ALIEN Amr..ts SADOR : DIPLOMATIC AGENTS.) Some States pro vide that their courts may take jurisdiction of certain actions even though the defendant he without the state, and prescribe a method of service by publication of the process in news papers. etc.; but this does not give personal jurisdiction. and a judgment rendered in such an action only affects such property as the de fendant may have within the State. Most ques tions real property must he determined within the jorisdietion where the property is situated. However. a court of equity having jurisdiction over the person of the owner of real estate may compel him to convey it if he has contracted to do so. thus affecting the ownership of property outside its jurisdiction. Crime: are of such a local nature that a foreign court has no jurisdiction to try a culprit captured outside the State in which the crime was conunitted. Ordinary debts arising out of contract may be sued upon in the courts of any State having jurisdiction of one of the parties.
Usually the judicial system of a State is so regulated that its various, courts do not have concurrent jurisdiction: but when this does occur the court first assuming cognizance of an action is permitted to proceed with it to a final deter mination, and the fact that an action is pending in one court is a defense if the same cause is sued on in another. The jurisdiction of the Federal courts in the administration of national laws is superior to that of the State courts, and where they conflict the United States courts will stay proceedings in the State courts, as in bankruptcy r roceedings.
The effect of lack of jurisdiction of a court over a cause of action is to render a judgment obtained therein absolutely void. Objection to this defect may be taken at any stage of the pro ceedings. See COURT VENL F : CONFLICT OF LAWS; I NJUNCTION : DECREE; etc. Consult the authorities referred to under JURISPRUDENCE; CONFLICT OF LAWS; etc.