,OVM1502 Assignment 2 (COMPLETE ANSWERS)
semester 1 2025 - DUE 24 April 2025 ; 100%
TRUSTED Complete, trusted solutions and
explanations.
QUESTION 1
Explain what it means when a court has jurisdiction over a matter?
(7)
1. Definition of Jurisdiction
Jurisdiction is a fundamental principle in legal systems around the
world. It refers to the legal power and authority of a court to hear and
determine cases, enforce laws, and make binding decisions. Without
jurisdiction, a court cannot lawfully act, and any ruling it makes will be
considered invalid or void. Jurisdiction ensures that legal matters are
dealt with by the appropriate court, depending on the nature of the
case, the parties involved, and the location where the matter arose. It
acts as a gatekeeping mechanism that upholds the integrity of the
judicial process by preventing courts from overstepping their
boundaries.Jurisdiction refers to the power of a court to hear, try, and
determine a case. Without jurisdiction, any decision made by a court is
null and void.
2. Types of Jurisdiction
a) Subject Matter Jurisdiction
This is the court’s authority to hear cases of a particular kind or cases
relating to a specific subject. For example, a criminal court cannot hear a
divorce case.
, b) Territorial Jurisdiction
This relates to the geographical area within which the court has
authority. A court in one province or region may not have jurisdiction
over matters that occurred in another.
c) Personal Jurisdiction
This refers to the court's power to make decisions affecting the parties
involved in the case. The court must have authority over the defendant
or their legal interests.
d) Hierarchical Jurisdiction
This deals with the level of the court and whether it is appropriate for a
case. For instance, a constitutional court deals with constitutional
matters, while a magistrate’s court handles less serious criminal or civil
matters.
3. Importance of Jurisdiction
Ensures that cases are heard in the correct court.
Prevents overreach of authority by courts.
Guarantees fair and lawful proceedings.
Protects the legal rights of all parties involved.
4. Consequences of Lack of Jurisdiction
If a court proceeds without jurisdiction:
The entire trial or decision may be declared invalid or
overturned on appeal.
It may lead to wasted time and resources.
Parties may need to start the process over in the correct court.
semester 1 2025 - DUE 24 April 2025 ; 100%
TRUSTED Complete, trusted solutions and
explanations.
QUESTION 1
Explain what it means when a court has jurisdiction over a matter?
(7)
1. Definition of Jurisdiction
Jurisdiction is a fundamental principle in legal systems around the
world. It refers to the legal power and authority of a court to hear and
determine cases, enforce laws, and make binding decisions. Without
jurisdiction, a court cannot lawfully act, and any ruling it makes will be
considered invalid or void. Jurisdiction ensures that legal matters are
dealt with by the appropriate court, depending on the nature of the
case, the parties involved, and the location where the matter arose. It
acts as a gatekeeping mechanism that upholds the integrity of the
judicial process by preventing courts from overstepping their
boundaries.Jurisdiction refers to the power of a court to hear, try, and
determine a case. Without jurisdiction, any decision made by a court is
null and void.
2. Types of Jurisdiction
a) Subject Matter Jurisdiction
This is the court’s authority to hear cases of a particular kind or cases
relating to a specific subject. For example, a criminal court cannot hear a
divorce case.
, b) Territorial Jurisdiction
This relates to the geographical area within which the court has
authority. A court in one province or region may not have jurisdiction
over matters that occurred in another.
c) Personal Jurisdiction
This refers to the court's power to make decisions affecting the parties
involved in the case. The court must have authority over the defendant
or their legal interests.
d) Hierarchical Jurisdiction
This deals with the level of the court and whether it is appropriate for a
case. For instance, a constitutional court deals with constitutional
matters, while a magistrate’s court handles less serious criminal or civil
matters.
3. Importance of Jurisdiction
Ensures that cases are heard in the correct court.
Prevents overreach of authority by courts.
Guarantees fair and lawful proceedings.
Protects the legal rights of all parties involved.
4. Consequences of Lack of Jurisdiction
If a court proceeds without jurisdiction:
The entire trial or decision may be declared invalid or
overturned on appeal.
It may lead to wasted time and resources.
Parties may need to start the process over in the correct court.
