Legal Definitions - excess of jurisdiction

Definition: Excess of jurisdiction refers to a court's action that goes beyond its legal authority. This can happen in three ways:

1. When the court has no power to deal with the type of matter being discussed.
2. When the court has no power to deal with the specific person involved.
3. When the judgment or order issued is not within the court's legal authority.

For example, if a family court judge were to issue a ruling on a criminal case, that would be an excess of jurisdiction because family courts do not have the authority to handle criminal cases. Similarly, if a judge were to issue a ruling against someone who was not a party to the case, that would also be an excess of jurisdiction.

Another example of excess of jurisdiction would be if a judge were to issue a ruling that violates a person's constitutional rights, even if the judge followed all the correct procedures. This is because the court has departed from established legal requirements.