EXCLUSIVE JURISDICTION Meaning and
Definition
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Exclusive jurisdiction refers to the legal concept where a particular court or governing body has the authority or power to hear and decide on a specific type of case or matter to the exclusion of all other courts or bodies. It is a principle that limits the jurisdiction of other courts or authorities, conferring sole jurisdiction to a specific court or body over a particular subject matter.
In cases involving exclusive jurisdiction, only the designated court or relevant authority has the power to handle and adjudicate on the matter. This means that no other court or body, whether at the national or international level, can interfere in or participate in resolving the disputes falling within the exclusive jurisdiction of the designated court or authority.
The purpose of exclusive jurisdiction is to establish clarity, avoid potential conflicts, and ensure uniform application of law in specific areas. It helps streamline legal proceedings and protect the integrity and effectiveness of the legal system by assigning particular cases or matters to a specialized court or body with the expertise and jurisdiction to effectively handle them.
Exclusive jurisdiction can be established by law, treaty, or agreement between parties, granting a specific court or authority exclusive power over a particular subject matter or issue. It provides a clear and defined framework for adjudicating disputes and ensures consistency in legal decision-making within the specific jurisdiction.
Etymology of EXCLUSIVE JURISDICTION
The term "exclusive" comes from the Latin word "exclusivus", which means "excluding" or "shutting out". It is derived from the verb "excludere", which means "to shut out" or "to keep out". The word "jurisdiction" comes from the Latin word "iurisdictio", which is a combination of "iuris" meaning "law" and "dictio" meaning "saying" or "declaring". "Jurisdiction" refers to the power or authority to administer justice or make legal decisions.
Therefore, the etymology of the phrase "exclusive jurisdiction" suggests that it refers to the legal authority or power to exclude or shut out other jurisdictions or courts from a particular legal matter. It implies that only one court or jurisdiction has the right to hear and decide a specific case, excluding all others.
