CHAPTER VI 
LEGAL REDRESS 
IV. Sanctions of State : Exercise and Protection of Legal 
Capacities. Legal capacities may be exercised and protected: 
either A. thru authorized self-help, or B. by legal redress, 
1, administered by the courts, 2, thru the established rules 
of legal procedure. 
A. Self-Help. In primitive times persons had no other 
way of exercising their legal capacities and securing their 
rights. But the law has regulated and controlled self-help 
more and more, until today it is narrowly limited. The cases 
where self-help is available are classed as: 1. self-defense, 
which is available both for one’s self and for those stand- 
ing in the relation of husband and wife, parent and child, 
or master and servant; 2. recaption, which is permitted 
anyone who has been deprived of the possession of his chattels 
or of the custody of his wife, child, or servant, if accomplished 
without a breach of the peace; 3. entry upon land by one 
disseised, if peaceably and without force; 4. abatement of 
nuisances ; 5. distress of cattle damage feasant, and in a few 
jurisdictions still distress for rent. 
B. Legal Redress. Today legal capacities are protected 
almost entirely by means of legal redress. 
1. Courts. A court is “a place wherein justice is judicially 
administered”. Again it has been defined as “a tribunal pre- 
sided over by one or more judges for the exercise of such jud- 
icial power as has been conferred upon it by law”. 
a. With respect to their jurisdiction courts are: (1) of 
general jurisdiction, and (2) of limited jurisdiction; or (1) 
of original jurisdiction (where causes are brought in the 
first instance), and (2) appellate jurisdiction (where causes 
originate in some other court and are brought to the court in 
question for review) ; or (1) exclusive jurisdiction (when 
cases can be taken before no other court) and (2) concurrent 
(when the plaintiff has a choice). 
In order to determine a cause a court must have jurisdic- 
tion (1) of the subject-matter (that is, power to determine 
the kind of proceeding brought) , and (2) of the person against 
whom, or the thing with respect to which it renders judgment 
( 40 ) 
