When a tribunal or administrative tribunal has made a determination in favor of jurisdiction over the cause, does the rule of law change?

California, United States of America


The following excerpt is from Hafer v. Superior Court, 126 Cal.App.3d 856, 179 Cal.Rptr. 132 (Cal. App. 1981):

"But once the tribunal, judicial or administrative, has made this determination of the issue, and has acted to assume jurisdiction of the cause, the rule no longer has any meaning. The jurisdiction to determine jurisdiction has been fully exercised by a determination in favor of jurisdiction over the cause; the question is no longer of jurisdiction to determine, but of jurisdiction to act. And jurisdiction to act is always a subject of inquiry by a higher court." (Id., at pp. 302-303, 109 P.2d 942.)

This distinction was emphasized in Rescue Army v. Municipal Court, supra, 28 Cal.2d 460, 464-465, 171 P.2d 8:

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