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Could the Supreme Court have original jurisdiction in impeachment cases?
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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.
When the US Supreme Court heard Marbury vs Madison was it under original jurisdiction or appellate jurisdiction?
The Supreme Court heard the case under original jurisdiction because the Judiciary Act of 1789 assigned to the Court the responsibility for all writs of mandamus. However, John Marshall determined the Constitution hadn't granted the Supreme Court subject matter jurisdiction over Marbury's case, and that the proper initial venue would be federal District Court.Therefore, while the Court determined Marbury was entitled to his commission, they couldn't compel Secretary of State Madison to deliver it. Had Marbury wanted to pursue the matter further, he would have to refile in District Court. If he wasn't granted satisfaction in the lower courts, then the Supreme Court could properly hear his petition under its appellate jurisdiction.Marbury never refiled the case, and never became justice of the peace.Case Citation:Marbury v. Madison, 5 US 137 (1803)
How did Nixon avoid impeachment by the House of Representatives?
He resigned before they could start impeachment.
Does the Congress have the authority to change the court's jurisdiction?
Yes. Congress has authority to alter federal court jurisdiction, or even eliminate a court altogether (with the exception of the US Supreme Court). Congress can even alter some of the Supreme Court's jurisdiction via jurisdictional stripping over certain types of appellate matters through general legislation.The Supreme Court's original jurisdiction can only be changed by Constitutional Amendment; however, Congress can determine whether the Supreme Court exercises exclusive original jurisdiction or shared jurisdiction over certain classes of cases.ExamplesCongress assigned the trial of ambassadors and other foreign ministers, which is constitutionally listed as part of the Supreme Court's original jurisdiction, to the US District Courts, but decided the Supreme Court has exclusive original jurisdiction over disputes between the states.One example of a constitutional amendment being used to change the Court's jurisdiction is when Congress and the States passed the Eleventh Amendment, revoking the Supreme Court's original jurisdiction over disputes between the states and citizens of another state. This was done in response to Chisholm v. Georgia, 2 US 419 (1793), a case in which the Supreme Court declared the states lacked sovereign immunity from being sued by citizens for war claims. Loss of sovereign immunity could have had a potentially disastrous impact on state economics.Congress can also strip any federal court (including the US Supreme Court) of certain types of jurisdiction by general legislation. One example is when Congress denied the Supreme Court the ability to consider writs of habeas corpus from Guantanamo detainees during the Bush administration. The legislation assigned original jurisdiction to specially created tribunals, and appellate jurisdiction to the US District Court for the District of Columbia. This legislation was later declared unconstitutional because the tribunals routinely denied prisoners' due process.
What is the definition of Court of Appeals?
A court of appeals is a court of appellate jurisdiction. This is in contrast to a court of original jurisdiction. If I get in a car wreck and want to sue, I would file my lawsuit in the trial court (whether state or federal), a court of original jurisdiction. Say I lose. I get one appeal as of right to the court of appeals. In most states, that is called the court of appeals or appellate division (or the circuit court of appeals in the federal system) There judges would review my case to be sure the decision at trial was proper. If I lose again, I could petition my State's supreme court (or the US supreme court if I was in federal court) for what is called certiorari (which just means I am asking them to hear my case). The Supreme Court is not required to hear my case, but if they do, that would be the final word on whatever issue I presented to that court in most cases.
What is the definition of courts of appeals?
A court of appeals is a court of appellate jurisdiction. This is in contrast to a court of original jurisdiction. If I get in a car wreck and want to sue, I would file my lawsuit in the trial court (whether state or federal), a court of original jurisdiction. Say I lose. I get one appeal as of right to the court of appeals. In most states, that is called the court of appeals or appellate division (or the circuit court of appeals in the federal system) There judges would review my case to be sure the decision at trial was proper. If I lose again, I could petition my State's supreme court (or the US Supreme Court if I was in federal court) for what is called certiorari (which just means I am asking them to hear my case). The Supreme Court is not required to hear my case, but if they do, that would be the final word on whatever issue I presented to that court in most cases.
Where did organization and jurisdiction come from in the US Supreme Court?
Article III, Section 2 of the Constitution established the US Supreme Court's original jurisdiction (authority to hear a case first), and provided that the Court had appellate jurisdiction over all cases not listed under its original jurisdiction. With the exception of disputes between the states, over which the Supreme Court has exclusive jurisdiction, the lower courts have concurrent jurisdiction. Over the years, congress shifted responsibility for most of the high court's original jurisdiction to the US District Court.Congress and the States may work together to change the Court's original jurisdiction, as they did in 1794 when they ratified the Eleventh Amendment. This change elimnated the Supreme Court's jurisdiction over cases between a state and citizens of another state, due to the states' outrage over the Court's decision in Chisholm v. Georgia, (1793), where the Jay Court held states lacked sovereign immunity from being sued for debt incurred during the Revolutionary War. Both state and federal governments rightfully feared the ruling could open the floodgates to litigation and damage the economy.Although the Supreme Court was mandated in Article III, Section I, it was formally organized by the first Act of the First Congress, the Judiciary Act of 1789. Congress has authority to determine the structure of the Court, including the number of justices seated, the scope of appellate jurisdiction, salary (except they are constitutionally prohibited from reducing the justices' salaries) and to make any other necessary organizational decisions not explicitly outlined in the Constitution.Article IIISection 1The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.Section 2The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Which court could declare final word on constitutionality of Federal law?
The highest court in the United States is the United States Supreme Court. No case may be appealed beyond the Supreme Court's jurisdiction, and the court's decision is final.
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.
Does the US Supreme Court have original jurisdiction or appellate jurisdiction or both?
AnswerThe Supreme Court's original jurisdiction can only be changed by Constitutional Amendment; however, Congress can engage in jurisdictional stripping over certain types of appellate matters through general legislation.ExplanationEither the Senate would have to introduce a bill, or the House would have to introduce a resolution, that received a two-thirds vote of both houses of Congress. The proposed amendment would then be sent to the states for ratification. If three-quarters of the states (now 38 states) ratify the amendment within the prescribed time frame (7 years is typical), then the Constitution could be modified to change the Supreme Court's jurisdiction.This issue was addressed in Marbury v. Madison, (1803), when the Marshall Court declared Congress had overstepped its Constitutional authority by attempting to add responsibility for writs of mandamus (a court order compelling an official to act - or refrain from acting - on something over which the official has legal responsibility) for US government officials in the Judiciary Act of 1789. The Court declared Section 13 of the act unconstitutional, nullifying that part of the legislation.In contrast, Congress successfully revoked the Supreme Court's original jurisdiction over disputes between a state and citizens of another state (Article III, Section 2), by collaborating with the States to pass the Eleventh Amendment. This was done in response to the Court's decision in Chisholm v. Georgia, (1793), when the Jay Court decided states lacked sovereign immunity from civil suits brought by citizens for debt incurred during the Revolutionary War.Amendment XI"The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state"
Removal from office?
This could be impeachment or recall.
What is original justice?
Unless the questioner has mis-stated the wording of the question and actually means original jurisdiction - the question does not refer to any stautory law and the phrase could possibly be a reference to sociology, theology, or religion.
