General jurisdiction
Encyclopedia
A court
of general jurisdiction is one that has the authority to hear cases of all kinds - criminal
, civil
, family
, probate
, and so forth.
s have divided their courts between criminal and civil, with some making further divisions, assigning probate, family law, and juvenile cases, for example, to specialized courts.
from that court might face for stepping beyond the bounds of that court. Judges are able to claim judicial immunity
for acts that are not completely beyond their jurisdiction. For example, if a probate judge were to sentence a person to jail, that judge would not have immunity and could be sued because a probate judge has no jurisdiction to effect a criminal sentence. However, a judge in a court of general jurisdiction who happened to be overseeing a probate case would be immune from suit for sending a party to jail, because handing down a criminal sentence is not completely beyond the jurisdiction of such a judge.
In the United States, this principle was established by the Supreme Court in Stump v. Sparkman
, 435 U.S. 349
(1978). The Court found in that case that an Indiana
judge was immune from a suit brought by a young woman whom the judge had ordered to be sterilized, at the behest of the woman's mother. Because the Indiana court was a court of general jurisdiction, and no law of Indiana expressly prohibited the judge from issuing such an order, the Supreme Court found that the order was not completely beyond the jurisdiction of that judge.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
of general jurisdiction is one that has the authority to hear cases of all kinds - criminal
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
, family
Family law
Family law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
, probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
, and so forth.
Courts of general jurisdiction in the United States
All federal courts are courts of limited jurisdiction. Many U.S. StateU.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s have divided their courts between criminal and civil, with some making further divisions, assigning probate, family law, and juvenile cases, for example, to specialized courts.
General jurisdiction and judicial immunity
One significant effect of the classification of a court is the liability that a judgeJudge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
from that court might face for stepping beyond the bounds of that court. Judges are able to claim judicial immunity
Judicial immunity
Judicial Immunity is a form of legal immunity which protects judges and others employed by the judiciary from lawsuits brought against them for official conduct in office, no matter how incompetent, negligent, or malicious such conduct might be, even if this conduct is in violation of statutes.For...
for acts that are not completely beyond their jurisdiction. For example, if a probate judge were to sentence a person to jail, that judge would not have immunity and could be sued because a probate judge has no jurisdiction to effect a criminal sentence. However, a judge in a court of general jurisdiction who happened to be overseeing a probate case would be immune from suit for sending a party to jail, because handing down a criminal sentence is not completely beyond the jurisdiction of such a judge.
In the United States, this principle was established by the Supreme Court in Stump v. Sparkman
Stump v. Sparkman
Stump v. Sparkman, 435 U.S. 349 , is the leading United States Supreme Court decision on judicial immunity. It involved an Indiana judge who was sued by a young woman whom he had ordered to be sterilized.-Facts:In 1971, Judge Harold D...
, 435 U.S. 349
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1978). The Court found in that case that an Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
judge was immune from a suit brought by a young woman whom the judge had ordered to be sterilized, at the behest of the woman's mother. Because the Indiana court was a court of general jurisdiction, and no law of Indiana expressly prohibited the judge from issuing such an order, the Supreme Court found that the order was not completely beyond the jurisdiction of that judge.