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Has Congress ever limited the appellate jurisdiction of the US Supreme Court?
Ma9989009
Yes. Congress can pass legislation that prevents the US Supreme Court from exercising appellate jurisdiction over certain Executive and Legislative actions, either in whole or in part. This is known as jurisdiction stripping, or curtailment of jurisdiction. Congress cannot pass legislation that interferes with the Supreme Court's original jurisdiction, as granted by the constitution, nor can they concurrently remove jurisdiction from the Supreme Court and inferior courts, leaving no forum to challenge the legislation (although they may specify which court or courts will have original and appellate jurisdiction in such cases, as they did with Guantanamo detainees).
Some other examples of legislation that stripped jurisdiction from the Supreme Court:
- The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (denied federal courts the right to challenge decisions the INS makes regarding asylum-granting).
- The Prison Litigation Reform Act of 1996 (PLRA) (restricts remedies to civil litigation relating to prison conditions)
- The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) (limits the number of habeas petitions state prisoners can file in federal court).
For more information, see Related Questions, below.
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What are the Different court tiers?
Trial level, Appellate level, Supreme Court.
What court is the first appellate level for courts of limited jurisdiction?
court of general jurisdiction
What federal courts have appellate jurisdiction?
All article III federal (constitutional) courts, except lower courts of limited jurisdiction (for example, the Court of International Trade), have appellate jurisdiction. Although US District Courts are primarily courts of original jurisdiction (trial courts), they are also used sometimes used as appellate courts for Article I tribunals, such as Social Security Disability appeals. Most federal appellate cases are heard by the US Court of Appeals Circuit Courts; a few are heard by the Supreme Court of the United States.
What two types of jurisdiction does the US Supreme Court have?
This question has two possible answers as there are two sets of two types of jurisdiction. One is that there is original and appellate jurisdiction. Original jurisdiction is where the court hears the case at the trial level. Appellate jurisdiction is where the court hears only an appeal from the trial court. The other answer is "in personam" jurisdiction and "in rem" jurisdiction. "In personam" (Latin for "over the person") jurisdiction is where a court has jurisdiction over the persons involved in the lawsuit and is empowered to deal with matters between them. This occurs where a party has filed a complaint and the other party has been properly served with a summons. "In rem" (Latin for "over the thing") jurisdiction occurs when the court has jurisdiction over the particular thing the lawsuit involves and is empowered to deal with all issues involving the thing. An example is where the action is to partition a piece of land or to quiet title to the land or to foreclose on a mortgage. The land is located within the jurisdiction of the court so the court has jurisdiction over all matters involving that land.
Is appellate jurisdiction reserved for courts which hear appeals from limited and general jurisdiction?
In the United States, all court systems must provide an appeals process for hearings and trials; therefore, there are appellate courts charged with the responsibility of considering appeals from every type of trial or hearing court/tribunal/panel. Limited and general jurisdiction covers pretty much everything.
Do federal courts have original jurisdiction?
Yes. Original jurisdiction means the court is first to hear a case; these are often called trial courts. Appellate jurisdiction means the court reviews a case already tried in a lower court to determine whether the law and constitution were properly applied. The Supreme Court has original and exclusive jurisdiction over disputes between the states. Under the Constitution, the Court also has original jurisdiction in cases involving ambassadors and other foreign dignitaries, but it shares jurisdiction with the US District Courts, which currently hear those cases. The Supreme Court has appellate jurisdiction over cases involving preserved federal questions from both state and federal courts. A "federal question" means the case involves matters related to federal or constitutional law or US treaties. "Preserved" means the "federal question" has been raised at the trial and each stage of the appeals process.
What is the least detailed branch of government described in thte constitution?
The judicial branch. The Constitution creates the federal judiciary only in the form of the Supreme Court and leaves it to Congress to create any other courts. This is unusual because, the Constitution gives the Supreme Court appellate rather than original jurisdiction in all but certain select matters. If the Supreme Court has only appellate jurisdiction in most matters, where does the appeal come from if there are no trial courts yet created. The powers of Congress are very detailed and the President's fairly detailed, but the Courts powers are not. This was probably because the Framers simply assumed that the judicial power of the federal government would be the same that the common law and chancery courts of England and the states now enjoyed, only that the federal judicial power would be limited to federal questions.
Are the Circuit Courts and the Courts of Appeals the same thing?
The twelve US Courts of Appeals Circuit Courts with territorial jurisdiction and the US Court of Appeals for the Federal Circuit are all intermediate appellate courts within the federal court system. The decision of any Circuit Court may be appealed only to the US Supreme Court.
What is the difference between limited jurisdiction courts and general jurisdiction courts?
The difference has to do with subject matter jurisdiction. A court with general jurisdiction can try cases of any sort, whereas one with limited jurisdiction can only try cases pertaining to particular subject matters.
Is the Supreme Court located by itself in NYC?
The US Supreme Court is not located in New York. New York does have a trial court system which is called the Supreme Court, even though it is not truly supreme in the sense that the US Supreme Court is. It is not an appellate court like the US supreme Court is. They named it that because in early days, New York had a fractured system of trial courts, some with limited subject matter jurisdiction, some with limited regional jurisdiction. The New York Supreme Court became the unified statewide trial court, in effect supreme over all the little courts. It is not a good choice of names.
How does appellate jurisdiction differ from original jurisdiction for federal courts?
Original jurisdiction only applies to courts that hear cases before any appeals can be made. -Apex
What was created to relieve the US Supreme Court's burden of hearing appeals?
On March 3, 1891, Congress passed the Evarts Act(Judiciary Act of 1891) that created nine US Circuit Court of Appeals for each of the established circuits. These intermediate appellate courts were designed to reduce the Supreme Court's burgeoning caseload.The Circuit Court of Appeals had appellate jurisdiction over cases from US District Court as well as from the original Circuit Courts (which had both original and appellate jurisdiction). The old Circuit Courts were gradually phased out, with most cases of original jurisdiction being assigned to US District Court and appellate jurisdiction being assigned to the Circuit Court of Appeals.Congress added the Court of Appeals for the District of Columbia in 1893.While the Evarts Act also limited the categories of cases that could be appealed the Supreme Court, the justices did not gain discretion over the cases it heard until 1925.In the Judicial Code of 1948, the name of the appellate courts was officially changed from US Circuit Court of Appeals to the US Courts of Appeals for the [designated] Circuit(e.g., US Court of Appeals for the First Circuit, or US Court of Appeals for the District of Columbia Circuit).
