Understanding Jurisdiction: Definition, Elements, and Types
Jurisdiction: An Introduction
Jurisdiction is a fundamental concept in law. It refers to the authority of a court or other legal body to hear and decide a case.
1. Jurisdiction: The Foundation
All judges possess jurisdiction, but not to compete. Jurisdiction is the justice that applies.
2. Competence: Defining Limits
Competence represents the upper limit of jurisdiction.
5. The Judicial Function
The judicial function is exercised exclusively by the Supreme Court of Justice and other courts established by law. Devise Echandia indicates that jurisdiction can be considered from two aspects:
- As a Public Law of the State and its correlative obligation on the individual.
- As a legal obligation of public law of the state to provide services for these purposes, which follows the public subjective right of any person from engaging in it.
6. Article 57 of the LOJ
Article 57 of the LOJ indicates that the function of jurisdiction shall be exercised exclusively by the Supreme Court and other courts established by law.
8. Definition of Jurisdiction
The concept of jurisdiction cannot be given an absolute definition valid for all times. It defines jurisdiction as a public function held by competent state bodies, in the manner prescribed by law, under which, by act of trial, they determine the rights of the parties, in order to settle their conflicts and disputes, possibly relevant implementation.
11. Purpose of the Law
Theories explaining the purpose of jurisdiction include:
- Subjective Theory: The subject of jurisdiction is the protection of individual rights, as subjective interests must be protected by the State.
- Objective Theory: The purpose of jurisdiction is the general or abstract application to the particular case the process becomes.
- Mixed Theories: These theories emphasize that only one aspect (subjective or objective) is not sufficient to explain or justify the nature of the court, indicating that the characteristic note is precisely meeting all powers and duties.
12. Elements of Jurisdiction
The elements of jurisdiction are:
- Notio: The right to know a particular legal question.
- Vocatio: The faculty to bind the parties to appear in court within the period of notice.
- Coertio: The use of force to comply with the orders within the process.
- Iudicium: The power of sentencing to put an end to the litigation as a final judgment with the effect of res judicata.
- Executio: The rule for the implementation of the resolutions.
13. Devise Echandia’s Functional Groups
Devise Echandia indicates that the performance of its functions comprises four groups:
- Power of Decision: Whereby arbitrate with binding dispute.
- Power of Coercion: Using this power will seek the information necessary for decision.
- Documentation and Investigation Branch, or decree and examine evidence.
- Power of execution: Enforce a clear and explicit mandate as it derives from a sentence.
14. Difference Between Law and Administration
The differences between law and administration are based on:
- Subjects
- Interest
- Initiative
- Effects
- On removal
19. Competition
Competition is the set of rules that determines the allocation of a particular case to a particular court or the field on which a competent judicial authority exercises its power. All judges and magistrates have jurisdiction, which is one and indivisible.
20. Three Criteria to Define Competition
- Objective
- Territorial
- Functional