ORDINARY JURISDICTION Meaning and
Definition
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Ordinary jurisdiction refers to the regular or customary authority and powers that a court has to handle a broad range of legal matters. It is the primary jurisdiction that a court possesses to hear and decide cases, as opposed to special or exclusive jurisdiction that may be limited to specific types of cases or certain circumstances.
In ordinary jurisdiction, a court is empowered to adjudicate and decide disputes that fall within its normal and regular jurisdictional boundaries. This includes cases involving civil matters such as contract disputes, property rights, personal injury claims, and family law issues such as divorce and child custody. It also encompasses criminal cases where the offenses are not of a specialized or exceptional nature.
The concept of ordinary jurisdiction recognizes that courts have the inherent power to address a wide variety of legal questions and controversies as part of their general jurisdictional authority. This jurisdiction is typically granted by law and is influenced by the court's geographic location, subject matter expertise, and overall judicial system.
Courts with ordinary jurisdiction serve as the first point of entry for most legal disputes, offering parties a neutral forum to present evidence, arguments, and seek a resolution or judgment. However, in certain instances, if a case does not fall within a court's ordinary jurisdiction, it may be transferred to a court with specialized jurisdiction, where the specific legal matter can be appropriately addressed.
Etymology of ORDINARY JURISDICTION
The word "ordinary" in the context of "ordinary jurisdiction" has its origins in the Latin word "ordinarius", which means "in regular order" or "customary". This term evolved in medieval Latin to refer specifically to a "bishop" or someone with regular authority. Later, in English, "ordinary jurisdiction" came to describe the normal or regular jurisdiction of a court or a judge, as opposed to special or extraordinary jurisdiction. The word "jurisdiction" itself comes from the Latin word "iurisdictio", which combines "iuris" (meaning "of the law" or "justice") and "dictio" (meaning "saying" or "speaking"), referring to the authority to speak or pronounce judgment.
