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What does it mean that courts have original and appellate jurisdiction?
Wiki User
∙ 15y ago
The original jurisdiction is the jurisdiction in which charges are originally filed by the court (or state). An appellate jurisdiction is a court of appeals that takes a court case when an appeal is filed to hear in an appellate court.
Wiki User
∙ 9y ago
Wiki User
∙ 15y agoOriginal jurisdiction means that the court has the right to see the case first. Appellate jurisdiction means that the court has the right to see cases on appeal. Cases on appeal can only be seen if the person being charged claims that something was unconstitutional or did not follow the rules of proper accusation in their trial. This is how some guilty criminals get let go.
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What does it mean when a federal court only has appellate jurisdiction?
When a federal court only has appellate jurisdiction, it means that the court can only hear cases on appeal from lower courts. It cannot hear cases for the first time or conduct trials. Its role is to review the decisions made by lower courts to determine if they were handled correctly according to the law.
What does 'the majority of cases to the US Supreme Court come through appellate jurisdiction' mean?
Jurisdiction means the power, right and authority to interpret and apply law. The two primary types of jurisdiction discussed in relation to the US Supreme Court are original jurisdiction and appellate jurisdiction.The court that first hears a case, or holds a trial, has original jurisdiction. The trial judge or jury are "triers of fact"; they examine evidence, listen to testimony, and try to make a fair decision about whether the information they're provided is sufficient (in criminal cases) to find a defendant guilty "beyond a reasonable doubt."If one party disagrees with the judge or jury decision at the trial level, he (or she) can appeal his case to the next higher court. Courts that hear appeals from trial courts have appellate jurisdiction. Appellate courts are not triers of fact; they don't look at evidence or hear testimony. Instead, they try to determine whether the trial or decision conformed with the law and constitution, and whether the trial procedures and jury instructions were followed correctly enough to allow a fair trial.The US Supreme Court only has original jurisdiction over a small class of cases, and typically only considers disputes between the states under its original jurisdiction, while the lower federal courts handle the rest of the caseload. Conflicts between states don't occur very often, so these cases only represent a small portion of the Court's work.Most of the cases the Supreme Court reviews were first tried in (for example) US District Court, and (usually) appealed to a US Court of Appeals Circuit Court. The Supreme Court then acts as the "court of last resort," or the final decision-maker (appellate jurisdiction), over cases it considers important to the national interest. This is what is meant by "the majority of cases to the US Supreme Court come through appellate jurisdiction."
Do state trial courts have original jurisdiction?
Technically, yes, because the Constitution creates only the Supreme Court and gives it original jurisdiction in certain cases and appellate jurisdiction in all other cases. The Constitution gives Congress power to create such other courts as it deems appropriate. Therefore, Congress could create all other courts giving them only original jurisdiction. This would mean that the Supreme Court would be the only court with appellate jurisdiction for all federal cases. Practical? No. Possible? Theoretically, yes.
What does 'cert' mean in legal terms?
"Cert" is lawyerspeak shorthand for a "writ of certiorari". The US Supreme Court has complete discretion over the cases it hears under appellate jurisdiction; state supreme courts (or the equivalent) have mandatory appellate jurisdiction over death penalty cases, but discretionary jurisdiction over most other cases. Appeals are addressed to the Supreme Court by "petition for a writ of certiorari." Thousands try, only a few are granted. If the Court denies your application for "cert" you are stuck with whatever the decision in the lower courts was.
What does the term inferior court mean?
It refers to any court which is lower in jurisdiction to another couirt. For instance: Courts of original jurisdiction are "inferior" to Appelate Courts. Appelate Courts are "inferior" to the Supreme Court.
What does appellate jurisdicion mean?
Courts with appellate jurisdiction only hear cases that have been brought to them on appeal from a lower court. This means that the case has already gone through one trial before and because the people involved were unhappy with the decision, they took it to another court to see if another judge thinks differently. hears appeals from lower federal and state courts (GradPoint)
What type of jurisdiction do the US District Courts have?
US District Courts have original jurisdiction over cases of general jurisdiction in the federal Judicial Branch of government.The US DIstrict Court is a court of original jurisdictionfor all federal cases occurring within their circuit.
What court hears cases relating to the US Constitution?
In Federal courtsAll the courts of general jurisdiction in the US Judicial Branch (US District Courts, US Courts of Appeals Circuit Courts, and the US Supreme Court) have federal question jurisdiction, or authority to hear or review cases involving constitutional and federal law.The US District Courts have original jurisdiction (are trial courts) for most cases; appellate courts do not retry cases, but evaluate appeals in light of whatever specific issues the attorney for the losing party raises. Constitutional issues are first addressed at the trial level, in the US District Court.While the US Supreme Court is the ultimate arbiter of constitutional law, they are able to review only 1-2% of the cases petitioned each year. Many issues are resolved at the District or Circuit Court level using precedents established in earlier cases and judicial review by the lower court judges.
What are two types of cases that the Federal and Supreme Courts may hear?
Civil and Criminal. The US Supreme Court only has appellate jurisdiction over cases heard in federal District and Circuit Courts.Or you may mean cases of original jurisdiction (trial) and appellate jurisdiction (appeals).The only cases the US Supreme Court still has exclusive, mandatory original jurisdiction over are disputes between the states. The Court also has the option of hearing cases involving ambassadors under original jurisdiction, but is more likely to remand the case to US District Court for trial.[Note: The educational packets that claim the Supreme Court exercises original (trial) jurisdiction over cases involving ambassadors and foreign dignitaries is partially incorrect. Pursuant to 28 USC § 1251(b)(1) (federal law, 1978*).] The US Supreme Court has original, but not exclusive, jurisdiction over such cases:(a) The Supreme Court shall have original and exclusivejurisdiction of all controversies between two or more States.(b) The Supreme Court shall have original but not exclusivejurisdiction of:(1) All actions or proceedings to which ambassadors, otherpublic ministers, consuls, or vice consuls of foreign states areparties;(2) All controversies between the United States and a State;(3) All actions or proceedings by a State against the citizensof another State or against aliens.The US District Courts currently exercise original jurisdiction over cases involving ambassadors.*Amendment by Pub. L. 95-393 effective at the end of the ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L.95-393, set out as an Effective Date note under section 254a of Title 22, Foreign Relations and Intercourse.For more information, see Related Questions, below.
Where do federal courts have juridiction?
If you mean jurisdiction it is over every court system under them. For example The U.S. Supreme court has power over all of the state courts.
How many District and appellate courts are there in the federal court system?
There are 94 US District Courts, 1 US Court of International Trade, 13 US Court of Appeals Circuit Courts, and 1 Supreme Court of the United States in the Judicial Branch, which is what most people mean when they say "federal court system"Total: 109 Courts
The kind of jurisdiction does a court have when it is the first court to hear a case?
If you mean what kind of jurisdiction does a court have when it is first to review a case (e.g., as a trial court), the term is original jurisdiction.All courts in the USA must have jurisdiction over the parties and the subject matter relating to the lawsuit. For example, a court that only heard criminal cases could not hear a divorce case and vice-versa. When court hears a case and the issue in question is one that it has not heard before, it is a question/case of "first impression."Jurisdiction is the power/authority of a court to decide a particular kind of case. State and federal laws determine the basis for the type of case the court may hear and the amount in question.The term, "venue," refers to the geographical area for which the court has jurisdiction. For example, a state court in one county would not have venue for cases over which another state court, in a different part of the state, would have original venue.
