Inherent jurisdiction

1 definition found for this term.
Definitions are presented in the order source books were published (most recent first).


Every court which is a “superior court of record” has an inherent jurisdiction. A superior court of record is the basic level of superior court found in every province and can trace its origins back to the English courts prior to settlement. In contrast, courts can be statutory courts and must look to their empowering statute to determine jurisdiction. Superior courts of record have an inherent jurisdiction to create new rights and remedies consistent with common law methodology and to fulfill the adage that there is no right without a remedy. Superior courts of record, and most statutory courts, also have an inherent jurisdiction to create processes to govern the practices of how the court handles its affairs. Within the second concept of inherent jurisdiction, courts have, for example, evolved search and asset preservation orders.

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