Original jurisdiction Sentence Examples
There was an alleged original jurisdiction of the pope, which he exercised sometimes by permanent legates, whom Gregory VII.
Even in these the original jurisdiction of the pope was taken away.
In 1438 the council of Basel took away all papal original jurisdiction (save in certain reserved cases - of which infra), evocation of causes to Rome, appeals to Rome omisso medio, and appeals to Rome altogether in many causes.
The only original jurisdiction left to the pope was in the case of the matrimonial causes of princes.
The district federal court has but one judge (juiz de seccao) and a solicitor of the republic, and has original jurisdiction in federal causes.Advertisement
It is the supreme tribunal of the republic, having original jurisdiction in cases of impeachment, the constitutionality of laws, and controversies between states or officials.
The judicial system, revised by a constitutional amendment of 1891, consists of a supreme court of three members, elected for a term of six years, with civil jurisdiction only, largely appellate; a court of criminal appeals, of three members, elected for six years, with appellate jurisdiction in criminal cases; courts of civil appeals (number determined by the legislature) of three members each, elected for six years; district courts, each with one judge, elected for four years, with original jurisdiction in the more important civil and criminal (felony) cases and a limited appellate jurisdiction; county and justice of the peace courts with original jurisdiction in misdemeanours and petty civil cases.
The supreme court has original jurisdiction in habeas corpus, quo warranto and mandamus proceedings against all state officers; and it has appellate jurisdiction except in civil actions for the recovery of money or personal property, in which the original amount in controversy does not exceed $200, and which at the same time do not involve the legality of a tax, impost, assessment, toll or municipal fine, or the validity of a statute.
They have original jurisdiction in all cases in equity, in all cases at law which involve the title or possession of real property, or the legality of a tax, impost, assessment, toll or municipal fine, and in all other cases at law in which the amount in controversy is $loo or more, in nearly all criminal cases, in matters of probate, in proceedings for divorce, and in various other cases; and they have appellate jurisdiction of cases originally tried before a justice of the peace or other inferior courts where the amount in controversy is more than $20.
These courts have original jurisdiction in cases at law and in equity in which the value in controversy exceeds $50, in criminal cases amounting to felony, in all matters of probate, in actions for divorce, &c., and appellate jurisdiction in cases arising in the inferior courts.Advertisement
The circuit courts have original jurisdiction of all actions and causes, both at law and in equity and such appellate jurisdiction as may be conferred by law.
The court has original jurisdiction in probate cases, in civil cases involving $1000 or less, and in criminal cases below the grade of felony.
This court has exclusive original jurisdiction in probate matters, and in counties with over 2000 inhabitants its jurisdiction may be extended by popular vote to include concurrent jurisdiction with the district courts in civil matters involving amounts less than $2000, and in criminal actions below the grade of felony.
The constitution of 1799 adopted the system of choosing the governor and senators by popular vote and deprived the supreme court of its original jurisdiction in land cases.
The Landgerichte revise the decisions of the Aslitsgerichte, and have also an original jurisdiction in criminal and civil cases and in divorce proceedings.Advertisement
The first court of second instance is the Oberlandesgericht, which has an original jurisdiction in grave offences and is composed of seven judges.
The judicial department comprises a supreme court consisting of a chief justice and (since 1881) four associate justices elected for terms of six years, and lower courts consisting of district courts with original jurisdiction in civil cases in law and equity, and in criminal cases upon indictments by grand juries; justices' courts, in which the amount in litigation cannot exceed $ioo, or the punishment cannot exceed three months' imprisonment or a fine of $loo; and of municipal and probate courts with the usual jurisdictions.
For each judicial district (the tenth district was created in 2907) there is one district judge, elected for four years; the district courts have original jurisdiction (except in probate matters) and certain appellate jurisdiction.
The court has original jurisdiction in quo warranto and mandamus proceedings against state officers and in habeas corpus cases, general appellate jurisdiction, and a superintending control over the inferior courts.
The district courts have original jurisdiction in all actions and matters not expressly vested in some other court and appellate jurisdiction in cases arising in the lower courts.Advertisement
The jurisdiction of the circuit courts was extended by the present Constitution to include that which, under the preceding Constituticn, was vested in county courts, and the principal restriction is that they shall not have original jurisdiction in civil cases for the recovery of personal property amounting to less than $20.
Circuit court judges have original jurisdiction in most matters civil and criminal, hear appeals from the lower courts, and must hold at least four sessions annually in each county of the circuit.
Each county elects a judge of probate for a term of four years; he has original concurrent jurisdiction with the circuit court in matters of probate, and has original jurisdiction in all cases of juvenile delinquents and dependents.
The court of common pleas, which may be held either by the " president " judge or by a justice of the supreme court, may hear appeals from the " small cause court," and has original jurisdiction in all civil matters except those in which the title to real estate is in question.
They have original jurisdiction of civil, criminal and probate matters, not specifically assigned to other tribunals, and appellate jurisdiction from the inferior courts.Advertisement
There are various inferior courts also, including magistrates or jueces de paz, but their organization and functions are loosely defined and not generally understood outside the republic. The supreme court has appellate jurisdiction in judicial matters, and original jurisdiction in impeachment trials and in matters involving constitutional interpretation.
The supreme court has appellate jurisdiction in all civil cases, but its original jurisdiction is restricted to a general control of the lower courts.
The county courts have, besides the concurrent jurisdiction above stated, original jurisdiction in all probate matters, original jurisdiction in civil actions for sums greater than $200 and not exceeding $500, concurrent jurisdiction with the justices of the peace in misdemeanour cases, and appellate jurisdiction in all cases brought from a justice of the peace or a police court.
The county courts have exclusive original jurisdiction in the probate of wills and the administration of estates, concurrent jurisdiction with the district courts in civil suits for sums not exceeding $1000, and important jurisdiction in criminal cases.
The court has exclusive original jurisdiction in equity cases in which the amount in controversy exceeds fifty dollars, concurrent jurisdiction with the county court in such matters as the administration of estates, the appointment and removal of guardians, and concurrent jurisdiction with the circuit courts in proceedings for divorce.
The original jurisdiction of the circuit courts extends to all cases both civil and criminal not exclusively conferred upon some other court, and they have appellate jurisdiction in all suits and actions begun in the lower courts.
He or she would have an original jurisdiction to conduct an inquest in cases of particular public interest or concern.
It has original jurisdiction in cases of habeas corpus, mandamus and prohibition, and appellate jurisdiction in cases involving a greater amount than one hundred dollars; concerning title or boundary of lands, probate of wills; the appointment or qualification of personal representatives, guardians, curators, committees, &c.; concerning a mill, roadway, ferry or landing; the right of a corporation or county to levy tolls or taxes; in cases of quo warranto, habeas corpus, mandamus, certiorari and prohibition, and all others involving freedom or the constitutionalit y of a law; in criminal cases where there has been a conviction for felony or misdemeanour in a circuit, criminal or intermediate court; and in cases relating to the public revenues.
Nineteen judges elected for terms of eight years in eighteen circuits compose the circuit court, the judges of which have original jurisdiction of matters involving more than $50; of all cases of habeas corpus, mandamus, quo warranto and prohibition; of all cases in equity; and of all crimes and misdemeanours.
Tribunaux de premiere instance, also called tribunaux darrondissement, of which there is one in every arrondissement (with few exceptions), besides serving as courts of appeal from the juges de paix have an original jurisdiction in matters civil and criminal.
The High Court has appellate jurisdiction in cases from other federal courts and from the supreme courts of the states, and it has original jurisdiction in matters arising under laws made by the federal parliament, in disputes between states, or residents in different states, and in matters affecting the representatives of foreign powers.
The court has original jurisdiction to issue writs of mandamus, certiorari, prohibition, quo warranto and habeas corpus.