Note 3
THE FEDERALIST. No. LXXXI.
This word is composed of JUS and DICTIO, juris dictio or a speaking and pronouncing of the law.
…aw? It is true it cannot institute a new inquiry concerning the fact, but it takes cognizance of it as it appears upon the record, and pronounces the law arising upon it.[3] This is jurisdiction of both fact and law; nor is it even possible to separate them. Though the common-law courts of this State ascertain disputed facts by a jury, yet they unquestionably have jurisdiction of both fact and law; and accordingly when the for…
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