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· 7/1/1874

Inhabitants of Cape Elizabeth v. County Commissioners

Citations

  • 64 Me. 456

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that subject-matter jurisdiction cannot be waived or forfeited
  • explaining the difference between subject-matter jurisdiction and particular-case jurisdiction and unlike subject-matter jurisdiction, particular-case jurisdiction is subject to waiver
  • stating that an issue can be waived through inaction
  • “That leaves felony prosecutions within the jurisdiction of the circuit court. And when a court has jurisdiction over a felony prosecution, it also has subject-matter jurisdiction over restitution related to the crime.”
  • “Almost all issues are subject to waiver, whether from inaction or consent, even in a criminal case .... [t]he lone exception to this rule, of course, is when the question is whether the trial court had general subject-matter jurisdiction.” (citations omitted
  • timely filing notice of appeal is issue of particular-case jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: Appleton, Barrows, Dickerson, Peters, Walton, Yirg

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.