Also known as: jurisdictional facts · jurisdiction fact
Written by attorneys · grounded in primary & secondary sources — see below
A fact that must be established to determine whether a court or tribunal possesses authority over a particular matter or party. Establishment of such facts confirms that the proceeding falls within the tribunal's statutory or constitutional power and that the accused or litigant is properly subject to its reach.
Jeffrey Jha, a civilian construction manager working under contract in a combat zone, faced charges before a military commission created by executive order. The commission relied solely on classified summaries from anonymous sources to conclude that Jha qualified for trial and never held a hearing to determine his status. Because the required jurisdictional facts remained unestablished, the commission lacked authority to proceed against him.
Jillian James was charged with attempting to bribe a federal petit juror. The indictment failed to allege that the targeted individual possessed the qualifications to serve or that any case was actually pending before the court at the relevant time. Without those foundational facts, the district court could not acquire jurisdiction over the bribery prosecution.
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Jacqueline Juarez, a U.S. citizen seized domestically and held as an enemy combatant, petitioned for habeas relief. The government offered only classified briefings rather than an opportunity to contest the factual basis for her classification. Because the jurisdictional facts supporting military detention were never properly established in an adversarial setting, the detention could not proceed without further process.
The commission cannot proceed because its procedures must comply with the Constitution, federal law, and the laws of war. Without an adequate determination that the accused falls within the category of persons subject to the commission's authority, the tribunal lacks power to adjudicate the charges.
Venue is treated as a jurisdictional fact put in issue by a plea of not guilty. The prosecution must therefore establish it along with the other elements of the offense so that the court can confirm its authority to try the case.
No. Federal courts must dismiss once they determine that subject-matter jurisdiction is absent, regardless of prior litigation, trial completion, or party agreement. The defect cannot be waived or forfeited because it goes to the court's fundamental power to hear the case.
…were "plainly within [the] boundaries" of military jurisdiction, id. , at 46 (emphasis added).[^maj-8] But where those jurisdictional facts are not conceded—where the petitioner insists that he is not a belligerent — Quirin left the pre-existing law in place: Absent suspension of the writ, a citizen held where the courts…