General Jurisdiction and Judicial Immunity
One significant effect of the classification of a court is the liability that a judge 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.
Read more about this topic: General Jurisdiction
Famous quotes containing the words general, jurisdiction, judicial and/or immunity:
“In general I do not draw well with literary mennot that I dislike them but I never know what to say to them after I have praised their last publication.”
—George Gordon Noel Byron (17881824)
“The putting into force of laws which shall secure the conservation of our resources, as far as they may be within the jurisdiction of the Federal Government, including the more important work of saving and restoring our forests and the great improvement of waterways, are all proper government functions which must involve large expenditure if properly performed.”
—William Howard Taft (18571930)
“Scarcely any political question arises in the United States that is not resolved, sooner or later, into a judicial question.”
—Alexis de Tocqueville (18051859)
“When the peace is a trade route, figures
For the budget, reduction of population,
Life grown sullen and immense
Lusts after immunity to pain.”
—Allen Tate (18991979)