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How does a case reach the supreme court which is not under their original jurisdiction?
The Supreme Court ultimately has jurisdiction over EVERY case heard, provided the case involves a preserved question of federal or constitutional law. Also state law.
A case reaches the Supreme Court through the appeal process. If a case originated in state court it's appealed from the court of original jurisdiction to a state appeals court, then that decision is appealed to the state Supreme Court, and from there to the U.S. Supreme Court. If it's a federal case it originates in Federal District Court, goes to the Circuit Court of Appeals, and from there to The Supremes.
Occasionally, the court may agree to hear a case directly if it has national significance. Remember the Court's infamous role in the election of 2000.
What else can I help you with?
How many justices are there on the US Supreme Court and what types of jurisdiction does Court have?
There are nine justices on the US Supreme Court: one Chief Justice and eight Associate Justices. Most cases reach the Court under its appellate jurisdiction. The only cases the Supreme Court hears under original (trial) jurisdiction are disputes between the states.
Is the supreme court an apellate court?
Yes. Most cases reach the US Supreme Court as appeals of decisions from lower federal and state courts.The US Supreme Court is not only an appellate court, however. They have constitutional authority to hear a small class of cases under original (trial) jurisdiction, with exclusive, original jurisdiction over disputes between the states.
Does the US Supreme Court hear mostly original or appellate jurisdiction cases?
Most cases reach the US Supreme Court under its appellate jurisdiction. The only cases the Court currently hears under original jurisdiction involve disputes between the states, which accounts for only a tiny portion of its caseload.For more information, see Related Questions, below.
What case does the supreme Court have original jurisdiction?
If your asking in regards to the Supreme Court then: In order for the Supreme Court to see a case there is a lengthy process one must go through. There are three different ways a case can reach the Supreme Court. The least common way is a case that is under the Courts "original jurisdiction", meaning that the Supreme Court hears the case directly. An example of this is when the Court hears arguments between different states, such as the State of New Jersey v State of New York in regards to who has jurisdiction over Ellis Island. Basically it almost never happens but if it does it will most likely be between two different states. If your asking in regards to the Supreme Court then: In order for the Supreme Court to see a case there is a lengthy process one must go through. There are three different ways a case can reach the Supreme Court. The least common way is a case that is under the Courts "original jurisdiction", meaning that the Supreme Court hears the case directly. An example of this is when the Court hears arguments between different states, such as the State of New Jersey v State of New York in regards to who has jurisdiction over Ellis Island. Basically it almost never happens but if it does it will most likely be between two different states. In order for the Supreme Court to see a case there is a lengthy process one must go through. There are three different ways a case can reach the Supreme Court. The least common way is a case that is under the Courts "original jurisdiction", meaning that the Supreme Court hears the case directly. An example of this is when the Court hears arguments between different states, such as the State of New Jersey v State of New York in regards to who has jurisdiction over Ellis Island.
The supreame courts usually what kind of cases?
There is no telling which case or what kind of a case the Supreme Court will hear. If a case is simple, it never will get to the Supreme Court. Cases that reach the Supreme Court have gone through one or more appeals processes. Sometimes a appeal reaches the Supreme Court when a federal court of appeals has made a ruling different from another federal court of appeals. In that case, the supreme court is asked to certify an issue. That is a fancy term meaning to play referee. The Supreme Court certifies an issue when it takes up an issue where district courts of appeal have made different rulings concerning the application of the same law. (Sometimes the Supreme Court refuses to take up the issue. In that case it simply states, "Cert. Denied.") Normally, all cases that reach the Supreme Court have come from the Federal Courts of Appeal or the Highest State Court. However, the Supreme Court reserves the right to sit as a court of original jurisdiction. The last time the Supreme Court granted a writ of Habeas Corpus was 1924. It retains that right. I doubt if any member on the Supreme Court has any idea under what conditions that would happen. Still, it retains that right.
Does the Congress have the authority to change the court's jurisdiction?
Yes. Congress has authority to alter federal court jurisdiction, or even eliminate a court altogether (with the exception of the US Supreme Court). Congress can even alter some of the Supreme Court's jurisdiction via jurisdictional stripping over certain types of appellate matters through general legislation.The Supreme Court's original jurisdiction can only be changed by Constitutional Amendment; however, Congress can determine whether the Supreme Court exercises exclusive original jurisdiction or shared jurisdiction over certain classes of cases.ExamplesCongress assigned the trial of ambassadors and other foreign ministers, which is constitutionally listed as part of the Supreme Court's original jurisdiction, to the US District Courts, but decided the Supreme Court has exclusive original jurisdiction over disputes between the states.One example of a constitutional amendment being used to change the Court's jurisdiction is when Congress and the States passed the Eleventh Amendment, revoking the Supreme Court's original jurisdiction over disputes between the states and citizens of another state. This was done in response to Chisholm v. Georgia, 2 US 419 (1793), a case in which the Supreme Court declared the states lacked sovereign immunity from being sued by citizens for war claims. Loss of sovereign immunity could have had a potentially disastrous impact on state economics.Congress can also strip any federal court (including the US Supreme Court) of certain types of jurisdiction by general legislation. One example is when Congress denied the Supreme Court the ability to consider writs of habeas corpus from Guantanamo detainees during the Bush administration. The legislation assigned original jurisdiction to specially created tribunals, and appellate jurisdiction to the US District Court for the District of Columbia. This legislation was later declared unconstitutional because the tribunals routinely denied prisoners' due process.
What kinds of cases must the US Supreme Court hear?
None. The US Supreme Court no longer has mandatory jurisdiction over any cases, including disputes between the states, where their jurisdiction is also exclusive. The Supreme Court has full discretion over cases heard under both original and appellate jurisdiction.
How did plessy v Ferguson reach supreme court?
It remained undetermined by a lower court. It slowly moved its way to the Supreme Court.
When did brown v board reach supreme court?
1954
How does a case that reaches the supreme court by certificate do so?
Used when a lower court is not clear about the procedure or rule of law that should apply in a case. The lower courts ask the Supreme Court to certify the answer to a specific question matter.
What jurisdiction do most US Supreme Court cases arise from?
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 JurisdictionThe 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."
How does a case on appeal reach a supreme court?
A case on appeal reaches the supreme court if the judges below them cant handle it or that case specifically but it is very hard to get a case on appeal in the supreme court
