Notes on Jurisdiction, Criminal vs Civil, and Judicial Self-Restraint (Ch. 4)

Jurisdiction and Policy Making Boundaries (Ch. 4)

  • Core idea: The U.S. Constitution and Congress determine/mandate what type of cases federal courts can hear. Courts can be constitutional courts or legislative courts. A court’s ability to hear and decide a case is called jurisdiction.
  • Federal Courts exercise different types of jurisdiction as determined by Congress or the Constitution:
    • Original jurisdiction: held by district courts and the U.S. Supreme Court (in specific cases).
    • Appellate jurisdiction.
    • Subject-matter jurisdiction.
    • Concurrent jurisdiction: e.g., diversity of citizenship cases in civil law.
  • Types of cases that fall under federal jurisdiction:
    • Criminal cases: commenced by local U.S. attorneys if they have reason to believe someone has violated the U.S. penal code. They cover a wide range of behaviors.
    • Civil cases: disputes between private parties or between the federal government and private parties.

Differences between Criminal and Civil Cases

  • Criminal Cases:
    • Concern disputes involving violation of federal or state criminal code (i.e., crimes against society).
    • Only the government can initiate these types of cases in court.
    • Right to counsel exists.
    • Standard of proof is “proof beyond a reasonable doubt.”
    • Punishment can be a fine, imprisonment, or death.
  • Civil Cases:
    • Involve disputes between private parties, e.g., divorce, or disputes between a private party and the government.
    • Individuals, organizations, or the government can initiate.
    • No right to counsel.
    • Standard of proof is “proof by a preponderance of the evidence.”
    • Punishment is fine, restitution, punitive, or compensatory damages. No prison is possible in civil cases.

Factors Undergirding Judicial Self Restraint

  • The Constitution and US law bar judges from engaging in certain actions. Justice Kennedy’s quote: “Judges are required to do what they must, not what they want.”
  • Key guidelines: 1) A Definite Controversy Must Exist: Judges decide real conflicts with standing, jurisdiction, and not moot.
    • Standing: the party must have a stake in the outcome.
    • Jurisdiction: the court must have authority over the case.
    • Mootness: the issue must remain a live dispute.
      2) Plea Must Be Specific about which aspect of the law is violated.
      3) Beneficiaries May Not Sue: one cannot sue the government over a program that benefits them directly if they are suing because others also benefit from the program.
      4) Appellate Courts Rule on Legal, not Factual, Questions.
      5) Supreme Court is Not (Technically) Bound by Precedent.
      6) All Available Potential Remedies Must be Exhausted Before Suing in Court.
      7) Courts do not Decide Political Questions, Only Legal Questions.
      8) Law can only be overturned on the narrowest of grounds.