Bona Fide Jurisdiction; What and Where Is It?
Jurisdiction. A term of comprehensive import embracing every kind of judicial action. It is the power of the court to decide a matter in controversy and presupposes the existence of a duly constituted court with control over the subject matter and the parties. Jurisdiction defines the powers of courts to inquire into facts, apply the law, make decisions, and declare judgment. The legal right by which judges exercise their authority. It exists when court has cognizance of class of cases involved, proper parties are present, and point to be decided is within powers of court. Power and authority of a court to hear and determine a judicial proceeding; and power to render particular judgment in question. The right and power of a court to adjudicate concerning the subject matter in a given case. The term may have different meanings in different contexts. Areas of authority; the geographic area in which a court has power or types of cases it has power to hear. Scope and extent of jurisdiction of federal courts is governed by 28 U.S.C.A. § 1251 et seq. (Black’s law Dictionary, 6th Ed, Abdg) From this definition, we can see with some degree of precision when, where and how jurisdiction can be negated, at least up to the point of threat of death by gunfire from the enforcers of alleged jurisdictions that is. This is where the power of the third of the Three Magic Questions really comes into its own. What IS the basic premise that the courts are operating off of when they presuppose to have jurisdiction over us? It depends upon several things. Maybe it was the fact that we showed up, perhaps it is some undisclosed alleged contract, or even the fact that jurisdiction… Read More