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What kind of jurisdiction does the US Supreme Court exercise?


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Answered 2011-03-19 18:25:37

The US Supreme Court exercises original jurisdiction and appellate jurisdiction.

The Supreme Court is vested with the judicial power of the United States. Judicial power is in the form of original jurisdiction (trials) and appellate jurisdiction (appeals and reviews of trial decisions) The Supreme Court has original jurisdiction in cases involving ambassadors other public ministers and consuls and those in which a state shall be a party and appellate jurisdiction in all other cases. See Article III, Section 2.

Article III, Section 2

"The 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.

The Court currently only hears cases involving disputes between the States under original jurisdiction; cases involving ambassadors and other foreign officials are first heard in US District Court.

The Eleventh Amendment revoked the Court's right to hear cases between a state and citizens of another state due to problems caused by the Supreme Court's early decision in disputed land grants.

11th Amendment:

"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."

Federal Question Jurisdiction

The Supreme Court may also hear certain cases on appeal from State courts, if they involve a preserved question of US constitutional or federal law, or issues arising under US treaties. This authority is called "federal question jurisdiction."


Related Questions

The Supreme Court of the United States has federal jurisdiction. The Supreme court can also be used as an appeals court for state and local charges.

The Supreme Court always has the last say for cases that fall under its jurisdiction. The Court no longer has mandatory jurisdiction and may exercise full discretion over which cases it hears. The decision of the Court is final, unless modified by the Court itself or by constitutional amendment.

If the US Supreme Court is the first to hear a case, they are exercising original jurisdiction; if the Court hears a case directly from US District Court under appellate jurisdiction, bypassing the intermediate US Court of Appeals Circuit Court, they are exercising expedited jurisdiction (as well as appellate jurisdiction).

Having appellate jurisdiction means that the Supreme Court hears cases that have been in trial before. A majority of cases that the Supreme Court hear are either controversial, or some kind of trial error took place in a prior court.

A writ of certiorari is issued under appellate jurisdiction, most often by the Supreme Court.

There is not a jurisdiction that allows a court to hear any type of case. Even the Supreme Court is limited in the types of cases they hear.

The US Supreme Court is an Article III (constitutional) court, and the highest appellate court for federal question jurisdiction, or cases involving issues related to the US Constitution, federal law, or treaties of the United States.The Supreme Court also has exclusive original jurisdiction (is the only trial court) for disputes between the states.

The Supreme Court has original jurisdiction over disputes between the states; it also has original, but shared, jurisdiction over cases involving ambassadors (although the latter class of case is not automatic). Congress cannot remove the Supreme Court's original jurisdiction; that action can only be accomplished through constitutional amendment.

That depends on what kind of case and what kind of jurisdiction you're asking about. Since the US Supreme Court doesn't have jurisdiction over every case in the nation, any blanket statement claiming they have the "highest jurisdiction" would have enough exceptions to make the statement false.It's not unusual for a state supreme court to have the highest appellate jurisdiction over certain state cases and the US Supreme Court to have no jurisdiction at all over those same cases. On the other hand, if the state case involves a preserved federal question (one raised at the trial and every appellate level), the US Supreme Court may have ultimate appellate jurisdiction.Congress can also strip the Supreme Court of appellate jurisdiction over certain types of cases, assigning the "highest jurisdiction" to another federal court.As far as original jurisdiction goes, the US Supreme Court has limitations in that area, as well.Unfortunately, what seems like a simple question that deserves a simple answer, really can't be answered accurately without more detail. Either the question needs to be specific, or the answer has to alert the reader to common exceptions.

The US Supreme Court has original, but not exclusive, jurisdiction over cases concerning ambassadors. Congress granted the US District Courts concurrent jurisdiction over this class of cases (28 USC § 1251), and allows the Supreme Court justices to determine whether to accept a petition under original jurisdiction or remand the case to US District Court.For more information, see Related Questions, below.

Cases that have federal jurisdiction. They can either arise under federal law or be state law cases that gain jurisdiction through diversity jurisdiction.

A trial court has original jurisdiction over a case.Original jurisdiction is the authority of a court to try a case, as distinguished from appellate jurisdiction to hear appeals from trial judgments.Original jurisdiction is the court's authority to hear the claim in the first instance, rather than on appeal.The court rules on issues directly, rather than on matters which are referred to it after being heard by another court.Under the U.S. Constitution, the Supreme Court has "original jurisdiction" over several small but important categories of cases. That means that the parties can bring such disputes directly to the Supreme Court.See below link for cite:

They are called supreme court justice

The appeal courts has the jurisdiction to override the ruling of a lower court such as the local court. But appeals courts can be over ruled by three things a presidential pardon, State Supreme Court, Circuit Court and the Supreme Court of the United States located in Washington DC. Here is the list of courts by what they can be overruled by. 1. Supreme Court of the United States, cannot be overruled 2. Circuit Courts- Can be overruled by presidential pardon, and Supreme Court of the United States. 3. State Supreme Court, can be overruled by US Supreme Court, Circuit Court and Presidential pardon 4. Appellate Courts- Can be overruled by US Supreme Court, Circuit Court, Presidential Pardon, and State Supreme Court 5. Local Courts- Can be overruled by any of the above and presidential pardon.

For Subject Matter Jurisdiction, which is likely what you mean, then they can hear cases arising under 28 USC sec 1331 and 28 USC sec 1332

The court that first hears, or tries, a case has original jurisdiction; the court(s) that review the case on appeal have appellate jurisdiction.

AnswerThe US Supreme Court has original, but not exclusive jurisdiction over cases involving ambassadors; they have original and exclusive jurisdiction over disputes between the states.Disputes between states: Supreme Court of the United StatesCases against ambassadors, etc.: Supreme Court or US District CourtExplanationArticle III, Section 2, of the US Constitution granted original jurisdiction over cases concerning ambassadors to the Supreme Court; however, this jurisdiction is not exclusive, meaning Congress can also designate other federal courts to share jurisdiction and conduct trials for this class of case.At present, federal law (28 USC § 1251) allows cases concerning ambassadors to be held in US District Court, as well as in the Supreme Court. If a case involving an ambassador is petitioned to the Supreme Court, the justices have full discretion to accept the case or remand it to US District Court for trial.The US Supreme Court always hears disputes between the states under original jurisdiction.FEDERAL LAWTitle 28 U.S.C. § 1251Original Jurisdiction(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.(b) The Supreme Court shall have original but not exclusive jurisdiction of:(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;(2) All controversies between the United States and a State;(3) All actions or proceedings by a State against the citizens of another State or against aliens.For more information, see Related Questions, below.

No, it cannot. Whenever a dispute of this kind arises, the issue comes under the jurisdiction of the Supreme Court.

Review from a court above another is typically appellate jurisdiction. The court where the action is brought will have original jurisdiction. of course, many considerations: state, federal, administrative court, etc.

The Supreme Court hears three types of cases in the United States. Some of the cases they hear are appeals and original jurisdiction.

In most cases, supreme courts are final appellate courts.

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