Contentious jurisdiction


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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 ?
The Court's contentious jurisdiction is limited by two additional procedural requirements.
29) Unlike its contentious jurisdiction, the advisory jurisdiction of the IACHR can be utilized without additional state consent, and the opinions are not binding.
Gill argues that the difference between "access" to contentious jurisdiction and "access" to the advisory procedures is that in the former a state could go to the court on its own responsibility, while the latter requires the concurrence of other states.
76) Yet, the ICJ in Construction of a Wall stated that "lack of consent to the Court's contentious jurisdiction by interested States has no bearing on the Court's jurisdiction to give an advisory opinion.
225) This was true even though Guatemala had not accepted the IACHR's contentious jurisdiction.
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.
The contentious jurisdiction of an international court is the court's jurisdiction to decide interstate disputes as distinct from its authority to render advisory opinions or to exercise other, incidental powers.
33) The advisory jurisdiction of the Court has been used more extensively than the contentious jurisdiction.
Why has the contentious jurisdiction of the Court been used so little?
The lack of contentious cases can be attributed to the initial situation that few states had recognized the contentious jurisdiction of the Court.
More countries are likely to recognize the Court's contentious jurisdiction in the future.
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.