Contentious jurisdiction


Also found in: Dictionary, Wikipedia.

CONTENTIOUS JURISDICTION, eccl. law. In those cases where there is an action or judicial process, and it consists in hearing and determining the matter between party and party, it is said there is contentious jurisdiction, in contradistinction to voluntary jurisdiction, which is exercised in matters that require no judicial proceeding, as in taking probate of wills, granting letters of administration, and the like. 3 Bl. Com. 66.

References in periodicals archive ?
This formulation was broad enough to encompass both disputes between opposing parties (contentious jurisdiction) and original applications for non-contentious relief, such as petitions for naturalization.
The Court's contentious jurisdiction may be exercised only over States which recognize the Court's jurisdiction.
The Court's contentious jurisdiction is limited by two additional procedural requirements.
(27) Now, the majority of advisory requests come from the General Assembly, and rarely focus on "interstate disputes." (28) The current legal questions mirror the types of contentious cases usually brought before the ICJ when a state has given the ICJ contentious jurisdiction. This switch highlights a shift in power dynamics between the General Assembly and the Security Council, where factions within the G.A.
The IACHR has "competence with respect to matters relating to the fulfillment of the commitments made by the States party to the Convention." (29) Unlike its contentious jurisdiction, the advisory jurisdiction of the IACHR can be utilized without additional state consent, and the opinions are not binding.
(225) This was true even though Guatemala had not accepted the IACHR's contentious jurisdiction. (226) The IACHR argued that its advisory jurisdiction offered "an alternate judicial method of consultative nature, which is designed to assist states and organs to comply with and to apply human rights treaties without subjecting them to the formalism ...
The contentious jurisdiction of the ICJ depends on the consent of the states that are parties to the dispute.
165, 168 (1985); Arthur Rovine, The National Interest and the World Court, in I THE FUTURE OF THE INTERNATIONAL COURT OF JUSTICE (Leo Gross ed., 1976); Gerald Pitzmaurice, Enlargement of the contentious Jurisdiction of the Court, in II THE FUTURE OF THE INTERNATIONAL COURT OF JUSTICE 461-98 (Leo Gross ed., 1976); JUDICIAL SETTLEMENT OF INTERNATIONAL DISPUTES (H.
The Court's advisory jurisdiction(31) is unique--no similar provision is included in the European Convention regarding the European Court of Human Rights.(32) In fact, the advisory jurisdiction of the Court is broader than its contentious jurisdiction: it extends to all thirty-five OAS member states and organizations, not just to signatories to the Convention.(33) The advisory jurisdiction of the Court has been used more extensively than the contentious jurisdiction.(34) To date, the Court has considered twelve advisory opinions.
Q: Under Article 2 of its Statute, the Inter-American Court of Human Rights has both advisory and contentious jurisdiction. As of 1991 the Court had handed down eleven advisory opinions and four contentious decisions.
(267) Contentious jurisdiction was "[j]urisdiction in cases involving a legal controversy between the parties to [a] trial" designed to resolve a conflict of legal or personal interests.
Passing through 24 often contentious jurisdictions, it's also begun to break down psychological barriers between towns: One local politician has called it a "Peace Trail."