The legal principle of “Cujus Juris T E Jurisdictionis Est Principale Ejusdem Juris Erit Accesso Rium” states that the accessory follows the principal. This means that the jurisdiction and rights of the principal extend to any accessories or subordinate elements related to it.
The phrase translates to “That which is the principal of a right and jurisdiction will be the accessory of the same right.” It signifies that the jurisdiction and authority of a higher power extend to all subordinate powers.
This principle is often applied in legal systems to establish the authority and jurisdiction of higher courts or governing bodies over subordinate courts or entities.
For example, in a federal legal system, the jurisdiction of the federal courts is considered the principal jurisdiction, and the jurisdiction of state or provincial courts is considered the accessory jurisdiction.
No, this principle can also apply to other areas where hierarchical authority exists, such as administrative bodies, regulatory agencies, or even within organisations where different levels of authority are present.
In cases of conflict, the principal jurisdiction generally takes precedence over the accessory jurisdiction. The higher authority’s decision or ruling will prevail.
Yes, this principle can be invoked to challenge the jurisdiction of a court or governing body if it is believed that the authority being exercised is beyond the scope of the principal jurisdiction.
While the specific phrase may not be universally recognised, the concept of hierarchical authority and jurisdiction is a fundamental principle in many legal systems worldwide.
This principle helps establish a clear hierarchy of authority and jurisdiction, ensuring that decisions and rulings are made by the appropriate level of authority. It helps maintain order and consistency within legal systems.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 12th April 2024.
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