Derek Moran
The ASSUMED JURISDICTION- thread!
The Dictionary of Canadian Law, 3rd-edition- ASSUMED JURISDICTION:
There are two sources from which the Court of Queen's Bench in Saskatchewan acquires jurisdiction over an IN PERSONAM action. The first is the COMMON LAW which provides that this Court has jurisdiction where there is service of the process within the province. The second, is what is frequently called "ASSUMED JURISDICTION," which is a CREATION OF LEGISLATION. It empowers a court to assume jurisdiction over a cause of action which arose in this province despite the fact that the defendant's residence is elsewhere and the process must be served EX JURIS. This new jurisdiction was introduced in England by The COMMON LAW PROCEDURE ACT, 1852 (i wonder if THAT is still around?) That same jurisdiction was incorporated into the law of Saskatchewan by the enactment of s.12 of The Queen's Bench Act. Gray v. Dow Corning Corp. (1996)
LEX CONVENTIONALIS: [L. conventional law] The law which the PARTIES AGREE is to GOVERN. (this Maxim is NOT in Black's Law Dictionary, by the way)
LEX CAUSAE: The law governing an issue according to the CHOICE of law rules.
LEX EST DICTAMEN RATIONIS: Law is the pronouncement of reason.
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