Neb. Const. art. V § V-9 District Courts; Jurisdiction; Felons May Plead Guilty; Sentence |

Legislation

Neb. Const. art. V § V-9 District Courts; Jurisdiction; Felons May Plead Guilty; Sentence

Document

Cited Authorities (14)

Cited in

The district courts shall have both chancery and common law jurisdiction, and such other jurisdiction as the Legislature may provide; and the judges thereof may admit persons charged with felony to a plea of guilty and pass such sentence as may be prescribed by law.

Notes:

Note:

1. Jurisdiction in general

2. Equity jurisdiction

3. Criminal jurisdiction

4. Miscellaneous

1. Jurisdiction in general

The Nebraska Constitution places original sentencing authority in the district courts and does not provide sentencing as one of the Supreme Court's powers. State v. Reeves, 258 Neb. 511, 604 N.W.2d 151 (2000).

Jurisdiction in suits for an injunction are in the district courts which cannot be legislatively limited or controlled. Omaha Fish and Wildlife Club, Inc. v. Community Refuse, Inc., 208 Neb. 110, 302 N.W.2d 379 (1981).

District court had inherent power to punish for contempt of court which Legislature could not limit. State ex rel. Beck v. Frontier Airlines, Inc., 174 Neb. 172, 116 N.W.2d 281 (1962).

District court alone has jurisdiction over controversy between adverse claimants with respect to interpretation of testamentary trust. In re Trust Estate of Myers, 151 Neb. 255, 37 N.W.2d 228 (1949).

While Legislature may grant to district court such other jurisdiction as it may deem proper, it can not limit or take from such courts the general jurisdiction conferred by the Constitution. State ex rel Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).

Judicial department of government must protect its jurisdiction at boundaries of power fixed by the Constitution. State ex rel. Sorensen v. Mitchell State Bank, 123 Neb. 120, 242 N.W. 283 (1932); State ex rel. Sorensen v. State Bank of Minatare, 123 Neb. 109, 242 N.W. 278 (1932).

Where cause is properly before equity court, the appointment of receiver for failed or insolvent bank is judicial function hereunder, not subject to executive or legislative control. State ex rel. Sorenesen v. State Bank of Minatare, 123 Neb. 109, 242 N.W. 278 (1932).

This section refers to jurisdiction of court as such, rather than to duties of judge when acting as court. State ex rel. Thompson v. Neble and Latenser, 82 Neb. 267, 117 N.W. 723 (1908).

Jurisdiction over the subject matter cannot be conferred by consent of parties. Crawford Co. v. Hathaway, 61 Neb. 317, 85 N.W. 303 (1901).

Where Legislature confers right without special tribunal for its enforcement, district court has jurisdiction. Armstrong v. Mayer, 60 Neb. 423, 83 N.W. 401 (1900); Foxworthy v. Lincoln and F. R. R. Co., 13 Neb. 398, 14 N.W. 394 (1882).

Legislature may provide original jurisdiction for district court other than that enumerated in Constitution. Arnold v. Weimer, 40 Neb. 216, 58 N.W. 709 (1894).

2. Equity jurisdiction

The equity jurisdiction of the district court is granted by the Constitution and cannot be legislatively limited or controlled. K N Energy, Inc. v. City of Scottsbluff, 233 Neb. 644, 447 N.W.2d 227 (1989).

The equity jurisdiction granted the district court hereby cannot be legislatively limited or controlled. Village of Springfield v. Hevelone, 195 Neb. 37, 236 N.W.2d 811 (1975).

An action in equity to partition personal property may be brought in the district court by one owning an undivided interest therein against the administrator of the estate of a deceased person. Hoover v. Haller, 146 Neb. 697, 21 N.W.2d 450 (1946).

An equity court has inherent jurisdiction over the administration of charitable trusts. John A. Creighton Home v. Waltman, 140 Neb. 3, 299 N.W. 261 (1941).

The district court has jurisdiction to compel specific performance of contract to leave property to another by bequest, even though the property is personalty. Cox v. Johnston, 139 Neb. 223, 296 N.W. 883 (1941).

The insurance code in no way curbs or abridges...

Experience vLex's unparalleled legal AI

Access millions of documents and let Vincent AI power your research, drafting, and document analysis — all in one platform.

Start a free trial

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Sign Up for Vincent AI

Neb. Const. art. V § V-9 District Courts; Jurisdiction; Felons May Plead Guilty; Sentence

Experience vLex's unparalleled legal AI

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting

Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant

Access comprehensive legal content with no limitations across vLex's unparalleled global legal database

Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength

Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities

Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting