A justice of the peace is an inferior judge dealing with local administrative applications in common law jurisdictions.  His/her duties include: hearing cases involving civil controversies, conserving peace, and performing judicial acts.  S/he is empowered to hear minor criminal complaints and commit offenders.

Justices of the peace have limited power in criminal and civil cases.  A justice court is one of inferior jurisdiction and no presumptions may be indulged in favor of its jurisdiction[i].  The civil jurisdiction of a justice of the peace is determined by the respective statute governing his/her position.  High level justices of the peace can handle cases involving contract, tort personal injuries, and injuries to personal property.  Personal injuries triable by a justice of peace include libel, slander, false imprisonment, and malicious prosecution.  However, matters of real property rights like an easement is outside their power.  Justices of the peace have jurisdiction over minor criminal matters.  They can hear offenses including misdemeanors, infractions, and petty offenses.

Generally, a justice of the peace cannot try a person accused of an offense, residing in a county other than the one over which s/he has jurisdiction.  A justice of the peace can issue a summons only in a county where the case is pending.  “A justice has no jurisdiction over a resident of another county, even upon appearance by that party, and that the objection of want of power or right in such cases goes to the subject-matter, rather than to the parties”[ii].  Moreover, a justice of the peace does not have jurisdiction over the subject matter of claims for recovery of money against actual residents of another county other than where the justice resides[iii].

However, in some states there are statutes permitting a justice of the peace to issue a summons to a nonresident.  The power to issue a summons in another county must be used in good faith.  For example, in the State of Alabama, in an action of trover, where the amount involved is less than $ 100, the justice of the peace in the county in which the tort was committed has jurisdiction to try the offense regardless of the residence of the defendant[iv].

An objection to the jurisdiction of a justice of the peace can always be waived.  A party going to trial without such objection cannot raise it thereafter.  But where the court does not have jurisdiction of the subject-matter of the controversy, consent will not confer jurisdiction.  And the right to raise an objection continues through every stage of the proceedings[v].

Moreover, in a suit for money, the suits must be brought in the precinct of the defendant’s residence or in the precinct in which the debt was contracted or in which the cause of action arose[vi].

Jurisdiction for the recovery of money against a resident of another county cannot be acquired by a justice of the peace by consent.  An objection for lack of jurisdiction on the subject-matter by reason of the non-residence of the parties can be raised at any stage[vii].

Generally, the question of jurisdiction is determined on the basis of the amount claimed by the plaintiff.  As a general rule, a justice of the peace does not have jurisdiction on a set-off or counterclaim which exceeds his jurisdictional limit in terms of amount[viii].  However, a counterclaim interposed by a defendant for an amount beyond the jurisdictional limit will not oust the jurisdiction of the court[ix].

A justice of the peace is not empowered to divest the jurisdiction conferred on him/her.  However, circumstances may withdraw the jurisdiction exercised by a justice of the peace.  A justice court loses jurisdiction on nonappearance of the plaintiff at the time set for hearing[x].  The reason is that a judgment without a plaintiff can cause no suit.  The jurisdiction of a justice of the peace ends when an aggrieved party prefers an appeal.

[i] Beck v. Felenzer, 69 Mont. 592 (Mont. 1924).

[ii] Porter v. Welsh 117 Iowa 144 (Iowa 1902).

[iii] Boyer v. Moore, 42 Iowa 544 (Iowa 1876).

[iv] R. P. Harris Motor Co. v. Bailey, 219 Ala. 8, 10 (Ala. 1929).

[v] Gerro Gordo County v. Wright County, 59 Iowa 485 (Iowa 1882).

[vi]. Atkinson v. Wiggins, 69 Ala. 190 (Ala. 1881).

[vii] Porter v. Welsh, 117 Iowa 144 (Iowa 1902).

[viii] Brown v. Walker, 73 Okla. 108, 110 (Okla. 1918).

[ix] Corley v. Evans, 48 S.E. 459, 460 (S.C. 1904).

[x] Peterson v. Feely, 88 Mont. 459 (Mont. 1930).