Legal Definitions - jus praeventionis

Definition: Jus praeventionis is a Latin term used in Scots law to refer to a court's jurisdictional superiority. This is because it was the first court to exercise its jurisdiction in a case. The term means "a right of preference."

Example: If a case is brought before two different courts, the court that first exercises its jurisdiction over the case will have jus praeventionis. This means that the court will have the right to hear and decide the case, even if the other court has jurisdiction over the matter.

Explanation: Jus praeventionis gives the first court to exercise its jurisdiction over a case the right to hear and decide the case. This is important because it helps to avoid conflicting decisions from different courts. For example, if two courts have jurisdiction over a case and both try to hear it, they may come to different conclusions. This could create confusion and uncertainty for the parties involved. Jus praeventionis helps to prevent this by giving the first court to exercise its jurisdiction the right to hear and decide the case.