Prorogated Jurisdiction

Scottish Law: Prorogated Jurisdiction in the Past

That jurisdiction, which, by the consent of the parties, is conferred upon a judge, who, without such consent, would be incompetent. Ersk. Prin. B. 1, t. 2, n. 15.

Developments

At common law, when a party is entitled to some privilege or exemption from jurisdiction, he may waive it and then the jurisdiction is complete; but the consent cannot give jurisdiction. [1][rtbs name=”scottish-law”]

Resources

Notes and References

1. Partialy, this information about prorogated jurisdiction is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including prorogated jurisdiction.

See Also