Define: Coram Non Jndice

“Coram Non Jndice” is a Latin term that translates to “before one not a judge.” It refers to a situation where a court or tribunal lacks jurisdiction or authority to hear a particular case.

If a case is heard “Coram Non Jndice,” it means that the court or tribunal does not have the power to make a valid decision or ruling on the matter. Any decision made in such a situation may be considered null and void.

To determine if a court is acting “Coram Non Jndice,” you need to assess whether it has the legal authority or jurisdiction to hear the specific type of case in question. This can be determined by reviewing relevant laws, regulations, and court precedents.

Yes, if it is established that a court is acting “Coram Non Jndice,” the affected party can request the case to be dismissed. The court should recognize its lack of jurisdiction and dismiss the case accordingly.

Proceeding with a case “Coram Non Jndice” can lead to legal complications and potential challenges to the validity of any decisions or rulings made. It is essential to address jurisdictional issues before proceeding to ensure a fair and lawful process.

Yes, a court’s jurisdiction can be challenged even after a case has been decided. If it is discovered that the court lacked jurisdiction, the affected party can file an appeal or request to have the decision set aside.

Yes, a court can voluntarily decline jurisdiction in a case if it determines that it does not have the authority to hear the matter. This can occur when the court realizes it lacks jurisdiction or when the parties raise jurisdictional objections.

“Coram Non Jndice” refers specifically to a lack of jurisdiction or authority to hear a case, while “Ultra Vires” refers to actions or decisions that exceed the legal powers or authority of a person or entity. While related, they are distinct legal concepts.

In some cases, a court’s lack of jurisdiction can be cured or rectified. For example, if the parties agree to submit to the court’s jurisdiction or if a higher court transfers the case to the appropriate jurisdiction. However, it is crucial to consult with legal counsel to determine the best course of action in such situations.