Jurisdiction is defined as “the power and authority on the part of the court to hear and judicially determine and dispose of the cause pending before it.” State v. Villados, 55 Haw. 394 , 396, 520 P.2d 427 , 430 (1974); Matter of Keamo, 3 Haw.App. 360 , 366, 650 P.2d 1365 , 1370 (1982) (same); Sherman v. Sawyer, 63 Haw. 55 , 57, 621 P.2d 346 , 348 (1980) (same); see also Black’s Law Dictionary 980 (10th ed. 2014) (defining jurisdiction as a “court’s power to decide a case or issue a decree”).
Jurisdiction is defined as "the power and authority on the part of the court to hear and judicially determine and dispose of the cause pending before it." State v. Villados, 55 Haw. 394, 396, 520 P.2d 427, 430 (1974);Matter of Keamo, 3 Haw. App. 360, 366, 650 P.2d 1365, 1370 (1982) (same); Sherman v. Sawyer, 63 Haw. 55, 57, 621 P.2d 346, 348 (1980) (same); see also Black's Law Dictionary 980 (10th ed. 2014) (defining jurisdiction as a "court's power to decide a case or issue a decree"). "Jurisdiction of the offense charged and of the person of the accused is a fundamental and indispensable prerequisite to a valid prosecution."
We note also that the circuit courts in this state are courts of general jurisdiction. State v. Villados, 55 Haw. 394, 520 P.2d 427 (1974). As such, "jurisdiction extends to all matters properly brought before them, unless precluded by constitution or statute."
In making such a determination, the presumption is in favor of retention rather than divestiture of jurisdiction. See Dockery v. Central Arizona Light Power Co., 45 Ariz. 434, 443, 45 P.2d 656, 659 (1935); Varnes v. White, 40 Ariz. 427, 431, 12 P.2d 870, 871 (1932); State v. Villados, 55 Haw. 394, 520 P.2d 427, 430 (1974); Paley v. Coca Cola Co., 389 Mich. 583, 593, 209 N.W.2d 232, 235-36 (1973). "Because the divestiture of jurisdiction is a serious matter, before a party can claim that an act or statute has the effect of divesting jurisdiction which has regularly and fully vested, the law in favor of such divestment must be clear and unambiguous."
The circuit courts are courts of general jurisdiction. State v. Villados, 55 Haw. 394, 397, 520 P.2d 427, 430 (1974). We defined jurisdiction as "the power and authority on the part of the court to hear and judicially determine and dispose of the cause pending before it."
The circuit courts are courts of general jurisdiction. State v. Villados, 55 Haw. 394, 397, 520 P.2d 427, 430 (1974). We defined jurisdiction as "the power and authority on the part of the court to hear and judicially determine and dispose of the cause pending before it." Id. at 396, 520 P.2d at 430.
The circuit courts are courts of general jurisdiction. State v. Villados, 55 Haw. 394, 397, 520 P.2d 427, 430 (1974). We defined jurisdiction as "the power and authority on the part of the court to hear and judicially determine and dispose of the cause pending before it."
See, e.g.,Pritchard v. State, 788 P.2d 1178, 1181 (Ariz. 1990) (stating that "a presumption exists in favor of [a district court's] retention of jurisdiction, and divestiture . . . cannot be inferred but must be clearly and unambiguously found"); State v. Villados, 520 P.2d 427, 430 (Haw. 1974) (holding that "the law in favor of [divestment of a court's jurisdiction] must be clear and unambiguous"); Paley v. Coca Cola Co., 209 N.W.2d 232, 236 (Mich. 1973) (quoting 19th century Michigan State Supreme Court case that "the law in favor of [divesting a court of jurisdiction] must be clear and unambiguous . . . and leave nothing for the play of doubt and uncertainty").
[T]he circuit courts in this state are courts of general jurisdiction. State v. Villados, 55 Haw. 394, 520 P.2d 427 (1974). As such, "jurisdiction extends to all matters properly brought before them, unless precluded by constitution or statute."
In addition, this court has held that the circuit courts in this state are courts of general jurisdiction. State v. Villados, 55 Haw. 394, 520 P.2d 427 (1974). As such, "jurisdiction extends to all matters properly brought before them, unless precluded by constitution or statute."