What types of cases reviewed by the US Supreme Court?

Answer 1

Answer

1. Cases involving ambassadors
2. Disputes between the states

Explanation

Article III, Section 2, Paragraph 2 provides:

"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 Constitution granted the Supreme Court originaljurisdiction, but allowed Congress to determine whether the jurisdiction would be exclusive or shared.

Congress required the Supreme Court to exercise exclusive jurisdiction over both classes of case until 1978 when they amended Federal law (28 USC § 1251) to allow US District Courts to hold concurrent original jurisdiction over cases involving ambassadors and other foreign dignitaries. The Supreme Court is allowed discretion to conduct the trial itself, or to remand the case to US District Court for disposition.

The Supreme Court retains exclusive jurisdiction over disputes between the states.

For more information, see Related Questions, below.

Answer 2

According to Article III, Section 2 of the Constitution, two types of cases may begin in the US Supreme Court. This mean the Court has original jurisdiction and may hold a trial, if necessary.

1. affecting ambassadors and other public ministers and consuls
2. disputes between the states (original and exclusive jurisdiction, see 28 U.S.C. § 1251)

The Court only has original and exclusive jurisdiction over disputes between the states, however, per 28 USC § 1251. The Supreme Court has concurrent (shared) jurisdiction with the US District Courts over cases involving ambassadors and other foreign dignitaries. The District Courts typically hear these cases first.

In all other cases the Supreme Court has appellate jurisdiction, except where Congress has explicitly stripped them of jurisdiction.

Title 28 U.S.C. § 1251

Original 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.

Answer 3

The Supreme Court is the highest level of court in most states, as well as in the federal system. (Some states, such as New York, have a different name for the highest court).

These courts do not hear trials and do not have juries. They hear appeals from the lower courts. Generally, people petition the court to hear their appeal, with a petition for a Writ of Certiorari. In the federal system, and in most situations in state court, the Supreme Court has discretion over which cases it will take up. Typically, it takes up cases involving the US Constitution, Federal law or US treaties where novel or disputed areas of the law are at issue. The lower courts must apply the same rule of law to future cases.

Answer 4

The Supreme Court of the United States may review a case that involves the final judgment delivered by the highest court at the state level if that case involves constitutional law or a federal statute. The Court may also hear a case involving disputes between two states or one state against the federal government. In a typical year, the Court hears usually less than 100 cases.