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The authority to hear a case is called jurisdiction. The court with authority to try the case, or hear it first, has original jurisdiction; the court(s) that review the case on appeal have appellate jurisdiction.
If the case is remanded for a new trial (or reheard, I suppose), it returns to the court of original jurisdiction.
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What branch has the authority to hear and decide a court case for the first time?
The Judicial branch includes all the federal courts. The court's authority to hear a case is called jurisdiction; the authority to hear a case for the first time is called "original jurisdiction."
What refers to the authority of a court has to hear a case?
The authority of a court to hear a case is its jurisdiction.
What is the word for this deffiniton the authority of a court to try a case without previous courts having done so?
A Case (or Issue) of First Impression
What term is defined the authority a court has to hear a case?
Jurisdiction
What term is defined as the authority as court has to hear a case?
Jurisdiction
Which of the following does Congress not have the authority to do?
Interpret the Constitution in a court case
What gives a court authority to address a case after it has been tried in a lower court?
Appellate jurisdiction
What does having legal jurisdiction mean?
For a court to have jurisdiction, it means that the court has the authority or the power over the case in front of it. Court jurisdictions are limited by physical boundaries as well as by subject matter. A New York traffic court has jurisdiction over traffic incidents happening within a specific boundary. It cannot hear a case from New Jersey, nor can it hear a murder case.
The power given a court to hear a case and make a judgment is known as?
In choosing a court, the attorney must choose which court has the authority to hear a particular case. This is referred to as Jurisdiction.
What court has authority on a civil case State district court or Federal court?
99 9/10% of the time it is going to be the State court that has original jurisdiction.
What is the definition of a hierarchical jurisdiction?
Hierarchical jurisdiction refers to differences in court functions and court responsibilities with regard to specific cases •Two types: original and appellate - If a court has original jurisdiction then that court has the authority to try a case and decide it (the origin of the case) - If a court has appellate jurisdiction then that court has the authority to review cases which have already been reviewed by other courts
How do you determine the precedential value of a case?
You have to look to the jurisdiction of the court which issued the opinion. If it is a court of appeals case that is in the same city as your district court case, or if it is a state supreme court or U.S. Supreme Court decision, then the case is binding authority--the judge has to consider it as the law. If the case comes from a court of appeals in a different city/county, or if it is a federal case from a different circuit, then the case is merely persuasive--the judge can use it or disregard it as he or she sees fit. Note: although I refer to a court of appeals as being in a particular city (which is how they are generally named), that court usually has authority over lower courts in surrounding towns, cities, counties, etc.
