Legal Definition and Related Resources of Cognizance, conusance, or cognisance

(Lat. cognitio, recognition, knowledge). Acknowledgment; recognition, jurisdiction; judicial power; hearing a matter judicially. In Pleading. The answer of the defendant in an action of replevin who is not entitled to the distress of goods which are the subject of the action, acknowledging the taking, and justifying it as having been done by the command of one who is so entitled. Lawes, PI. 35, 36; 4 Bouv. Inst: note 3571. An acknowledgment made by the deforciant, in levying a fine, that the lands in question are the right of the complainant. 2 Sharswood, Bl. Comm. 350. Cognizance of Pleas. Jurisdiction of causes. A privilege granted by the king to a city or town to hold pleas within the same. Termes de la Ley. It is in frequent use among the older writers on English law in this latter sense, but is seldom used, if at all, in America, except in its more general meaning. The universities of Cambridge and Oxford possess this franchise. Willes, 233; 1 Sid. 103; 11 East, 543; 1 W. Bl. 454; 10 Mod. 126; 3 Sharswood, Bl. Comm. 298. Claim of Cognizance (or Conusance). An intervention by a third person, demanding judicature in the cause against the plaintiff, who has chosen to commence his action out of claimant’s court.. 2 Wils. 409; 2 Sharswood, Bl. Comm. 350, note. It is a question of jurisdiction between the two courts (Portesque, 157; 5 Vmer, Abr. 588) , and not between the plaintiff and defendant, as in the case of plea to the jurisdiction, and must be demanded by the party entitled to conusance, or by his representative, and not by the defendant or his attorney (1 Chit. PI. 403). There are three sorts of conusance: tenere placita, which does not oust another court of its jurisdiction, but only creates a concurrent one. Cognitio pladtorum, when the plea is commenced in one court, of which conusance belongs to another. A conusance of exclusive jurisdiction; as, that no other court shall hold plea, etc. 509; Bac. Abr. “Courts” (D).

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This definition of Cognizance, Conusance, Or Cognisance is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

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