Private jurisdiction (original) (raw)
Private jurisdiction is the right of an individual or a legal entity to establish courts of law. It was prevalent during feudalism. A franchise, such as a corporation, a jurisdiction, or a right to collect certain tolls or taxes, was, in effect, a kind of property: an "incorporeal hereditament". Under English law incorporeal hereditaments (including jurisdictions) were either granted or recognized in charters.
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| dbo:abstract | Private jurisdiction is the right of an individual or a legal entity to establish courts of law. It was prevalent during feudalism. A franchise, such as a corporation, a jurisdiction, or a right to collect certain tolls or taxes, was, in effect, a kind of property: an "incorporeal hereditament". Under English law incorporeal hereditaments (including jurisdictions) were either granted or recognized in charters. Franchise jurisdictions included those of manorial courts, secular courts of ecclesiastical corporations (in addition to the Church's own jurisdiction over family law), of municipal corporations, merchant courts established on markets and fairs, and mining courts of mines and mining villages. In medieval England franchises could also be established for jurisdiction over partially or entirely privatized administrative territories such as "hundreds" and counties. Broad jurisdictional powers were also granted to many colonial corporations (such as the East India Company). In medieval England for many substantive areas of law the king's courts only reviewed whether the franchise courts stayed within their jurisdictional and certain procedural bounds and not the substance of the case. Generally, the only way to remove or undo the remedy of a franchise court case in royal court was to bring one of several varieties of lawsuits for trespass (tort) against the franchise court. (en) |
| dbo:wikiPageExternalLink | http://unenumerated.blogspot.com/2006/06/jurisdiction-as-property-paper.html https://web.archive.org/web/20091001030343/http:/szabo.best.vwh.net/JurisdictionAsProperty.pdf |
| dbo:wikiPageID | 27918562 (xsd:integer) |
| dbo:wikiPageLength | 2093 (xsd:nonNegativeInteger) |
| dbo:wikiPageRevisionID | 833559549 (xsd:integer) |
| dbo:wikiPageWikiLink | dbc:Legal_history dbr:English_law dbr:Corporation dbr:Manorial_court dbr:Tort dbr:Court_baron dbr:East_India_Company dbr:Charter dbr:Family_law dbr:Legal_person dbr:Municipal_corporation dbr:High,_middle_and_low_justice dbr:County dbr:Court dbr:Court_leet dbc:Feudalism dbc:Jurisdiction dbr:Trespass dbr:Feudalism dbr:Incorporeal_hereditament dbr:Exclusive_right dbr:Hundred_(county_subdivision) dbr:Zwing_und_Bann dbr:Borough_courts |
| dbp:wikiPageUsesTemplate | dbt:Nofootnotes |
| dct:subject | dbc:Legal_history dbc:Feudalism dbc:Jurisdiction |
| gold:hypernym | dbr:Right |
| rdf:type | dbo:River |
| rdfs:comment | Private jurisdiction is the right of an individual or a legal entity to establish courts of law. It was prevalent during feudalism. A franchise, such as a corporation, a jurisdiction, or a right to collect certain tolls or taxes, was, in effect, a kind of property: an "incorporeal hereditament". Under English law incorporeal hereditaments (including jurisdictions) were either granted or recognized in charters. (en) |
| rdfs:label | Private jurisdiction (en) |
| owl:sameAs | freebase:Private jurisdiction wikidata:Private jurisdiction https://global.dbpedia.org/id/4tuJY |
| prov:wasDerivedFrom | wikipedia-en:Private_jurisdiction?oldid=833559549&ns=0 |
| foaf:isPrimaryTopicOf | wikipedia-en:Private_jurisdiction |
| is dbo:wikiPageWikiLink of | dbr:Jurisdiction dbr:Judiciary_of_Luxembourg dbr:High,_middle_and_low_justice dbr:Statute_of_Gloucester_1278 |
| is foaf:primaryTopic of | wikipedia-en:Private_jurisdiction |