Global Information Lookup Global Information

Inherent jurisdiction information


Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal. The term is also used when a governmental institution derives its jurisdiction from a fundamental governing instrument such as a constitution. In the English case of Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd, Lord Diplock described the court's inherent jurisdiction as a general power to control its own procedure so as to prevent its being used to achieve injustice.

Inherent jurisdiction appears to apply to an almost limitless set of circumstances. There are four general categories for use of the court's inherent jurisdiction:[citation needed]

  1. to ensure convenience and fairness in legal proceedings;
  2. to prevent steps being taken that would render judicial proceedings inefficacious;
  3. to prevent abuses of process;
  4. to act in aid of superior courts and in aid or control of inferior courts and tribunals.

As such, the exercise of inherent jurisdiction is a broad doctrine allowing a court to control its own processes and to control the procedures before it. The power stems not from any particular statute or legislation, but rather from inherent powers invested in a court to control the proceedings brought before it.

and 26 Related for: Inherent jurisdiction information

Request time (Page generated in 0.8493 seconds.)

Inherent jurisdiction

Last Update:

Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless...

Word Count : 614

Court system of Canada

Last Update:

territorial courts. Provincial and territorial superior courts have inherent jurisdiction over civil and criminal cases. Provincial and territorial lower...

Word Count : 8778

Supreme Court of India

Last Update:

Article 142 of the Constitution, the court is conferred with the inherent jurisdiction to pass any order deemed necessary in the interest of complete justice...

Word Count : 11849

Stay of proceedings

Last Update:

appeal or a period allowed for mediation. UK courts also maintain an inherent jurisdiction to manage legal proceedings before them, but it is rarely exercised...

Word Count : 855

Supreme Court of Victoria

Last Update:

and inherent jurisdiction within the state. The Supreme Court comprises two divisions: the Trial Division, which oversees its original jurisdiction, and...

Word Count : 900

Ontario Superior Court of Justice

Last Update:

Superior Court has inherent jurisdiction over civil, criminal, and family law matters at common law. Although the Court has inherent jurisdiction, the authority...

Word Count : 1377

Certiorari

Last Update:

part of the inherent jurisdiction of the superior courts. In Canada, certiorari is a rarely-used power, part of the inherent jurisdiction of the superior...

Word Count : 3387

Civil procedure in Canada

Last Update:

motion. The courts may also exercise inherent jurisdiction to control their own processes, but inherent jurisdiction cannot be exercised so as to conflict...

Word Count : 811

Asset freezing

Last Update:

common law jurisdictions and such orders can be made to have world-wide effect. It is variously construed as part of a court's inherent jurisdiction to restrain...

Word Count : 3643

Common law

Last Update:

statutorily created provincial courts and superior trial courts with inherent jurisdiction culminating in the Court of Appeal of the province. These Courts...

Word Count : 17808

Supreme Court of British Columbia

Last Update:

record and has original jurisdiction in all cases, civil and criminal, arising in British Columbia. The Court has inherent jurisdiction under the Constitution...

Word Count : 873

Moylist Construction Limited v Doheny

Last Update:

clear that the courts have an inherent jurisdiction to strike out proceedings as being bound to fail, which jurisdiction is in addition to the somewhat...

Word Count : 1003

Princess Haya bint Hussein

Last Update:

Sheikh Mohammed commenced proceedings in England and Wales under the inherent jurisdiction of the High Court of Justice seeking orders for the children to...

Word Count : 3597

Supreme Court of Singapore

Last Update:

High Court. As a rule of thumb, the High Court in Singapore has inherent jurisdiction to try all matters within Singapore. The earliest predecessor of...

Word Count : 8610

Trustee

Last Update:

seek disclosure of trust documents is an aspect of the court's inherent jurisdiction to supervise the administration of trusts. As trustees as not under...

Word Count : 1816

Court of Appeal of Singapore

Last Update:

Public Prosecutor, the Court left open the issue of whether it had inherent jurisdiction following the conclusion of an appeal to reopen the matter if new...

Word Count : 5458

Federal Court of Australia

Last Update:

Mortimer. The Federal Court has no inherent jurisdiction. Its jurisdiction flows from statute. The Court's original jurisdiction include matters arising from...

Word Count : 1202

Bank of Ireland Mortgage Bank v Coleman

Last Update:

is an Irish Supreme Court case in which the Court clarified the inherent jurisdiction of the court with respect of a solicitor's misconduct. The court...

Word Count : 936

Isaac Wunder order

Last Update:

subsequently described in Riordan v. Ireland (No. 5) the court's inherent jurisdiction to make an order "where the court is satisfied that a person has...

Word Count : 849

Civil procedure in South Africa

Last Update:

due to this inherent jurisdiction that the High Court may hear any matter, whereas lower courts are more limited. Inherent jurisdiction will be exercised...

Word Count : 31523

Charlie Gard case

Last Update:

the hospital and its staff". The court proceedings were under the inherent jurisdiction of the High Court (wardship), conducted within the principles and...

Word Count : 12446

Personal jurisdiction

Last Update:

Personal jurisdiction is a court's jurisdiction over the parties, as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed...

Word Count : 4072

Arbitral tribunal

Last Update:

seat of the arbitration, or by the tribunal itself under its own inherent jurisdiction (depending on national law). Procedural matters normally include:...

Word Count : 3003

Parens patriae

Last Update:

these individuals cannot protect themselves, the courts have an inherent jurisdiction to appoint a guardian ad litem for particular proceedings. In English...

Word Count : 2174

Officer of the court

Last Update:

not thought that you would, ordinarily, be subject to the court's inherent jurisdiction over its own officers, even if you are conducting litigation (see...

Word Count : 693

United States antitrust law

Last Update:

according to the size of the company or the business. In their inherent jurisdiction to prevent violations in future, the courts have additionally exercised...

Word Count : 12438

PDF Search Engine © AllGlobal.net