· 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 CourtListenerSourced 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.