Chapter 4 - General Principles of Jurisdiction Flashcards
(17 cards)
What does jurisdiction refer to ?
Jurisdiction refers to the authority or competence of a court to hear a matter and grant relief in respect of that matter.
What are the two stages involved in determining jurisdiction ?
- Competency: This includes determining the monetary value of the claim and the nature of the claim.
- Place: Determines the court’s geographical jurisdiction and establishes a link between the claim and the court’s jurisdictional area.
What is the difference between inherent and prescribed jurisdiction ?
- The High Court has inherent jurisdiction, meaning it can determine its own procedures and make any order unless prohibited by law.
- Magistrates’ Courts have prescribed jurisdiction, meaning their powers and competencies are defined by the Magistrates’ Courts Act and rules.
What are the key principles of jurisdiction ?
- Actor sequitur forum rei.
- Effectiveness principle.
- Convenience principle.
- Consent principle.
What does the principle of actor sequitur forum rei state ?
The plaintiff must follow the defendant to the defendant’s forum (the defendant’s location) to institute proceedings, which ensures that the court has jurisdiction over the defendant.
What does the principle of effectiveness require ?
The principle of effectiveness requires that a court should only assume jurisdiction if it is able to give effect to its judgment, meaning the judgment must have the potential to be enforced.
Under what circumstances may a court assume jurisdiction based on the principle of convenience ?
A court may assume jurisdiction if it is the most convenient court to hear the case, typically when the cause of action arose within its jurisdiction area.
What does the principle of consent entail ?
- A court may assume jurisdiction if the defendant consents to it.
- This consent may be explicitly stated or implied by failure to object.
- There must be a connection, such as residence or the cause of action occurring within the court’s jurisdiction.
What is original jurisdiction ?
The authority of a court to hear a matter at first instance.
What is territorial jurisdiction ?
A court’s ability to enforce its decisions within its geographical area.
What does the term “peregrinus” mean ?
A peregrinus is a person who is domiciled or resident outside the jurisdictional area of a specific court.
What does “inca” refer to ?
An inca is a person domiciled or resident within the jurisdictional area of a specific court.
What is the difference between domicile and residence ?
- Domicile is the intention to remain in a place permanently or indefinitely.
- Residence refers to physical presence, which doesn’t need to be continuous but must be more than temporary or momentary.
What did Foord v Foord establish regarding jurisdiction based on domicile and residence ?
The court may refuse to exercise jurisdiction where a person is domiciled but not physically present within the court’s area, as domicile without physical presence may fail the effectiveness principle.
How is a corporation’s jurisdiction determined ?
A corporation is regarded as being resident at its principal place of business.
How is jurisdiction determined for a partnership ?
- A partnership doesn’t have a separate legal personality but can be sued in its own name.
- Jurisdiction is determined based on the principal place of business.
How does jurisdiction apply to claims against the State ?
- A High Court can entertain claims against the government if the cause of action arose within the court’s jurisdiction.
- Magistrates’ Courts may hear claims against the State if the cause of action arose within their jurisdiction.
