0
Original.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
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.
The supreme court has original jurisdiction in cases involving what?
Section 2 of Article III of the constitution sates:"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."The Supreme Court has original jurisdiction in cases involving two states, and cases involving ambassadors, consuls, or other public ministers.This is not to be confused with appellate jurisdiction. Original jurisdiction is when the court hears the case first. Appellate jurisdiction is when the court hears an appeal from another court of original jurisdiction.
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.
The supreme court has original jurisdiction in cases?
involving two or more states
What are the 4 types of court jurisdiction?
Two kinds are original and appellate jurisdiction. Another two are "in personam" and "in rem" 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. "In personam" jurisdiction is where a court has jurisdiction over the persons involved in the lawsuit and is empowered to deal with matters between them such as in a lawsuit on a debt or accident case. "In rem" is where the court has jurisdiction over the particular thing the lawsuit involves such as a particular piece of land.
Is appellate court federal?
They allow parties to contest the ruling of lower courts. -Apex
A court with what jurisdiction would issue a writ of certiorari?
A writ of certiorari is issued under appellate jurisdiction, most often by the Supreme Court.
What control does the Congress have over the Supreme Court's appellate jurisdiction?
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).The power to assign jurisdiction derives from three constitutional sources:Article I, Section 8, Clause 19"...To constitute tribunals inferior to the Supreme Court;"Article III, Section 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.Article III, Section 2"...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."For more information, see Related Questions, below.
What are the responsibilities of the supreme court?
The Provincial Supreme Court is a court with both original and appellate jurisdiction meaning that they can hear trials of first instance and appeals. The trials of first instance are those of more serious (a.k.a. indictable) offences or divorce in the jurisdiction of family law. The appeal cases that are heard are from the lower provincial court.
What are the responsabilities of the supreme court?
The Provincial Supreme Court is a court with both original and appellate jurisdiction meaning that they can hear trials of first instance and appeals. The trials of first instance are those of more serious (a.k.a. indictable) offences or divorce in the jurisdiction of family law. The appeal cases that are heard are from the lower provincial court.
What are the responsibilities of the Provincial Supreme Court?
The Provincial Supreme Court is a court with both original and appellate jurisdiction meaning that they can hear trials of first instance and appeals. The trials of first instance are those of more serious (a.k.a. indictable) offences or divorce in the jurisdiction of family law. The appeal cases that are heard are from the lower provincial court.
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.
