Private jurisdiction
Encyclopedia
Private jurisdiction is the right of an indiviual 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 charter
s.
Franchise jurisdictions included those of manorial courts, secular courts of ecclesiastical corporations (in addition to the Church's own jurisdiction over family law
), borough courts of municipal corporation
s, merchant courts established on markets and fairs, and mining courts of mines and mining villages.
In medieval England franchises could also be establsished 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.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
. It was prevalent during feudalism
Feudalism
Feudalism was a set of legal and military customs in medieval Europe that flourished between the 9th and 15th centuries, which, broadly defined, was a system for ordering society around relationships derived from the holding of land in exchange for service or labour.Although derived from the...
.
A franchise
Exclusive right
In Anglo-Saxon law, an exclusive right is a de facto, non-tangible prerogative existing in law to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. A "prerogative" is in effect an exclusive right...
, such as a corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
, 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 charter
Charter
A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified...
s.
Franchise jurisdictions included those of manorial courts, secular courts of ecclesiastical corporations (in addition to the Church's own jurisdiction over family law
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
), borough courts of municipal corporation
Municipal corporation
A municipal corporation is the legal term for a local governing body, including cities, counties, towns, townships, charter townships, villages, and boroughs. Municipal incorporation occurs when such municipalities become self-governing entities under the laws of the state or province in which...
s, merchant courts established on markets and fairs, and mining courts of mines and mining villages.
In medieval England franchises could also be establsished for jurisdiction over partially or entirely privatized administrative territories such as "hundreds" and counties
County
A county is a jurisdiction of local government in certain modern nations. Historically in mainland Europe, the original French term, comté, and its equivalents in other languages denoted a jurisdiction under the sovereignty of a count A county is a jurisdiction of local government in certain...
. Broad jurisdictional powers were also granted to many colonial corporations (such as the East India Company
East India Company
The East India Company was an early English joint-stock company that was formed initially for pursuing trade with the East Indies, but that ended up trading mainly with the Indian subcontinent and China...
).
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
Trespass
Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.Trespass to the person, historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming...
(tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
) against the franchise court.