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What federal court hears cases involving ambassadors public ministers and consuls?
Wiki User
∙ 13y ago
Answer
The US Supreme Court may choose to hear a case against an ambassador or foreign minister under original jurisdiction, or may remand the case to US District Court for trial (the more likely scenario).
Explanation
Article 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 concurrent jurisdiction in US District Court:
28 USC § 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.
For more information, see Related Questions, below.
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∙ 13y ago
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What are the only types of cases the US Supreme Court hears on appeal?
AnswerThe US Supreme Court currently exercises original jurisdiction over only one type of case: disputes between the States. Until 1978, cases against foreign ambassadors also began in the Supreme Court; however, Congress relieved the Court of exclusive jurisdiction when it amended the federal law (28 USC § 1251) to allow US District Courts to hear these cases first.The Supreme Court may choose to try a case involving ambassadors or other foreign dignitaries, but is more likely to remand this class of case to US District Court.Cases that MUST begin in the US Supreme Court:all controversies between two or more StatesAll actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states areparties28 USC § 1251(a) The Supreme Court shall have original and exclusivejurisdiction of all controversies between two or more States.(b) The Supreme Court shall have original but not exclusivejurisdiction of:(1) All actions or proceedings to which ambassadors, otherpublic ministers, consuls, or vice consuls of foreign states areparties;(2) All controversies between the United States and a State;(3) All actions or proceedings by a State against the citizensof another State or against aliens.Public Law Amendment1978 - Subsec. (a). Pub. L. 95-393, Sec. 8(b)(1), designated introductory provision of subsec. (a) and (a)(1) as (a), and struck out "(2) All actions or proceedings against ambassadors or other public ministers of foreign states or their domestics or domestic servants, not inconsistent with the law of nations". Subsec. (b)(1). Pub. L. 95-393, Sec. 8(b)(2), substituted "to which ambassadors, other public ministers, consuls, or" for "brought by ambassadors or other public ministers of foreign states or to which consuls or".Amendment by Pub. L. 95-393 effective at the end of the ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L.95-393, set out as an Effective Date note under section 254a of Title 22, Foreign Relations and Intercourse.For more information, see Related Questions, below.
Does the US Supreme Court hear cases involving ambassadors?
AnswerUsually in US District Court, although the US Supreme Court may exercise its discretion to hear cases involving ambassadors under original jurisdiction.ExplanationArticle III, Section 2, Paragraph 2 of the US Constitution explicitly granted the US Supreme Court original jurisdiction over cases involving ambassadors and other foreign dignitaries:"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 cases involving ambassadors until 1978 when they amended Federal law (28 USC § 1251) to allow US District Courts to hold concurrent original jurisdiction over these cases (Public Law 95-393).The Supreme Court has discretion to conduct the trial itself, or to remand the case to US District Court for disposition.28 USC § 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.For more information, see Related Questions, below.
What are two types of cases that the Federal and Supreme Courts may hear?
Civil and Criminal. The US Supreme Court only has appellate jurisdiction over cases heard in federal District and Circuit Courts.Or you may mean cases of original jurisdiction (trial) and appellate jurisdiction (appeals).The only cases the US Supreme Court still has exclusive, mandatory original jurisdiction over are disputes between the states. The Court also has the option of hearing cases involving ambassadors under original jurisdiction, but is more likely to remand the case to US District Court for trial.[Note: The educational packets that claim the Supreme Court exercises original (trial) jurisdiction over cases involving ambassadors and foreign dignitaries is partially incorrect. Pursuant to 28 USC § 1251(b)(1) (federal law, 1978*).] The US Supreme Court has original, but not exclusive, jurisdiction over such cases:(a) The Supreme Court shall have original and exclusivejurisdiction of all controversies between two or more States.(b) The Supreme Court shall have original but not exclusivejurisdiction of:(1) All actions or proceedings to which ambassadors, otherpublic ministers, consuls, or vice consuls of foreign states areparties;(2) All controversies between the United States and a State;(3) All actions or proceedings by a State against the citizensof another State or against aliens.The US District Courts currently exercise original jurisdiction over cases involving ambassadors.*Amendment by Pub. L. 95-393 effective at the end of the ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L.95-393, set out as an Effective Date note under section 254a of Title 22, Foreign Relations and Intercourse.For more information, see Related Questions, below.
Which branch can appoint judges and ambassadors?
The President (Executive branch) nominates US Supreme Court justices, federal judges and ambassadors with the "advice and consent" of the Senate (Legislative branch). That means the Senate has to approve whomever the President selects for them to receive a commission.United States Constitution, Article II, Section 2, Paragraph 2:"He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments. "The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session."
Jurisdiction of the federal courts does NOT include cases involving?
divorce.
What are two powers of the President the require the advice and consent of the Senate?
1) To appoint federal judges, ambassadors, Consuls, and other public ministers
Where in the constitution does it say federal courts have original jurisdiction over all cases affecting ambassadors public ministers and consuls?
Article 3 Section 2 #2
What is one of the role of fedral court?
Federal courts hear cases involving the constitutionality of a law, cases involving the laws and treaties of the U.S. ambassadors and public ministers, disputes between two or more states, admiralty law, also known as maritime law, and bankruptcy cases.
What kind of jurisdiction does the US Supreme Court automatically have?
The US Supreme Court has automatic jurisdiction over cases involving disputes between states, cases involving ambassadors and public ministers, and cases where a state is a party. It also has appellate jurisdiction over cases involving federal law and constitutional issues that have been decided by lower federal and state courts.
In which courts are cases involving ambassadors tried?
AnswerUsually in US District Court, although the US Supreme Court may exercise its discretion to hear cases involving ambassadors under original jurisdiction.ExplanationArticle III, Section 2, Paragraph 2 of the US Constitution explicitly granted the US Supreme Court original jurisdiction over cases involving ambassadors and other foreign dignitaries:"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 cases involving ambassadors until 1978 when they amended Federal law (28 USC § 1251) to allow US District Courts to hold concurrent original jurisdiction over these cases (Public Law 95-393).The Supreme Court has discretion to conduct the trial itself, or to remand the case to US District Court for disposition.28 USC § 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.For more information, see Related Questions, below.
First court to hear a dispute?
Generally in a court of original jurisdiction, such as a trial level court. The US Supreme Court has original jurisdiction only in cases involving ambassadors, other public ministers and consuls and cases in which a state shall be a party. Article 3, Section 2 of the US Constitution.
Which court system must hear all cases that deal with ambassadors?
The Federal court system. US District Courts have original jurisdiction over cases involving ambassadors. For more information, see Related Questions, below.
What are the only types of cases the US Supreme Court hears on appeal?
AnswerThe US Supreme Court currently exercises original jurisdiction over only one type of case: disputes between the States. Until 1978, cases against foreign ambassadors also began in the Supreme Court; however, Congress relieved the Court of exclusive jurisdiction when it amended the federal law (28 USC § 1251) to allow US District Courts to hear these cases first.The Supreme Court may choose to try a case involving ambassadors or other foreign dignitaries, but is more likely to remand this class of case to US District Court.Cases that MUST begin in the US Supreme Court:all controversies between two or more StatesAll actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states areparties28 USC § 1251(a) The Supreme Court shall have original and exclusivejurisdiction of all controversies between two or more States.(b) The Supreme Court shall have original but not exclusivejurisdiction of:(1) All actions or proceedings to which ambassadors, otherpublic ministers, consuls, or vice consuls of foreign states areparties;(2) All controversies between the United States and a State;(3) All actions or proceedings by a State against the citizensof another State or against aliens.Public Law Amendment1978 - Subsec. (a). Pub. L. 95-393, Sec. 8(b)(1), designated introductory provision of subsec. (a) and (a)(1) as (a), and struck out "(2) All actions or proceedings against ambassadors or other public ministers of foreign states or their domestics or domestic servants, not inconsistent with the law of nations". Subsec. (b)(1). Pub. L. 95-393, Sec. 8(b)(2), substituted "to which ambassadors, other public ministers, consuls, or" for "brought by ambassadors or other public ministers of foreign states or to which consuls or".Amendment by Pub. L. 95-393 effective at the end of the ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L.95-393, set out as an Effective Date note under section 254a of Title 22, Foreign Relations and Intercourse.For more information, see Related Questions, below.
What two kinds of disputes have their original trial in the Supreme Court?
Article III of the Constitution gives the Supreme Court original (trial) jurisdiction over two types of cases: "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."BUTThe Constitution doesn't say this jurisdiction is exclusive. Currently, the US Supreme Court currently hears only one type of case under its original (trial) jurisdiction: disputes between the States.Until 1978, cases against foreign ambassadors also began in the Supreme Court; however, Congress relieved the Court of exclusive jurisdiction when it amended the federal law (28 USC § 1251) to require US District Courts to hear these cases first.US Supreme Court's original and EXCLUSIVE jurisdiction:all controversies between two or more StatesAll actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states areparties28 USC § 1251(a) The Supreme Court shall have original and exclusivejurisdiction of all controversies between two or more States.(b) The Supreme Court shall have original but not exclusivejurisdiction of:(1) All actions or proceedings to which ambassadors, otherpublic ministers, consuls, or vice consuls of foreign states areparties;(2) All controversies between the United States and a State;(3) All actions or proceedings by a State against the citizensof another State or against aliens.Public Law Amendment1978 - Subsec. (a). Pub. L. 95-393, Sec. 8(b)(1), designated introductory provision of subsec. (a) and (a)(1) as (a), and struck out "(2) All actions or proceedings against ambassadors or other public ministers of foreign states or their domestics or domestic servants, not inconsistent with the law of nations". Subsec. (b)(1). Pub. L. 95-393, Sec. 8(b)(2), substituted "to which ambassadors, other public ministers, consuls, or" for "brought by ambassadors or other public ministers of foreign states or to which consuls or".Amendment by Pub. L. 95-393 effective at the end of the ninety-day period beginning on Sept. 30, 1978, see section 9 of Pub. L.95-393, set out as an Effective Date note under section 254a of Title 22, Foreign Relations and Intercourse.For more information, see Related Questions, below.
Does the US Supreme Court hear cases involving ambassadors?
AnswerUsually in US District Court, although the US Supreme Court may exercise its discretion to hear cases involving ambassadors under original jurisdiction.ExplanationArticle III, Section 2, Paragraph 2 of the US Constitution explicitly granted the US Supreme Court original jurisdiction over cases involving ambassadors and other foreign dignitaries:"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 cases involving ambassadors until 1978 when they amended Federal law (28 USC § 1251) to allow US District Courts to hold concurrent original jurisdiction over these cases (Public Law 95-393).The Supreme Court has discretion to conduct the trial itself, or to remand the case to US District Court for disposition.28 USC § 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.For more information, see Related Questions, below.
Who is responsible for nominating individuals to be federal judge serve as ambassadors and work in federal department?
The President
Who is responsible for nominating individuals to be federal judges serve as ambassadors and work in federal department?
president
