Original Jurisdiction


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Original Jurisdiction

The authority of a tribunal to entertain a lawsuit, try it, and set forth a judgment on the law and facts.

Original jurisdiction is distinguishable from appellate jurisdiction, which is the power of a court to hear and enter judgment upon a case brought for review. For example, the U.S. Supreme Court's caseload consists almost entirely appellate cases from the circuit courts of appeal. When two or more states are locked in a dispute, however, the Supreme Court has original jurisdiction to gather and hear evidence much like a trial court. The Court appoints a Special Master to hear the evidence and prepare factual findings. It then hears oral arguments and issues a decision as it does in appellate jurisdiction cases. Because it is the highest court in the United States, the Supreme Court's decision in original jurisdiction cases is final, with no right of appeal. An example of such a case is New Jersey v. New York, 523 U.S. 767, 118 S. Ct. 1726, 140 L. Ed. 2d 993 (1998), in which the Supreme Court took evidence and determined which state had claim to Ellis Island.

original jurisdiction

n. the authority of a court to hold a trial, as distinguished from appellate jurisdiction to hear appeals from trial judgments. (See: jurisdiction)

ORIGINAL JURISDICTION, practice. That which is given to courts to take cognizance of cases which may be instituted in those courts in the first instance. The constitution of the United States gives the supreme court of the United State original jurisdiction in cases which affect ambassadors, other public ministers and consuls, and to those in which a state is a party. Art. 3, s. 2; 1 Kent, Com. 314.

References in classic literature ?
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.
but impregnable to the microbes having original jurisdiction in
Dixon, the CenterPoint spokeswoman, said the Railroad Commission rules "do not take away a city's original jurisdiction or their ability to protest rate increases.
The Oklahoma Supreme Court has declined to assume original jurisdiction in a lawsuit challenging the constitutionality of an opt-out provision in Oklahoma's new workers' compensation laws, according to an April 28 report in The Oklahoman.
133) This distribution stipulates that the Supreme Court should have original jurisdiction over cases "in which a state shall be party.
While observing the goals set by the legislature, the solution was that district courts should decide on small claims, less complex cases, which are common in practice, and tribunals should become courts with unlimited jurisdiction as original jurisdiction courts.
The bill also provides for exclusive original jurisdiction in all cases involving violations of RA 3019 (as amended, otherwise known as the Anti-Graft and Corrupt Practices Act) and the Revised Penal Code, where one or more of the accused are officials occupying positions in government as enumerated in the proposed reform bill.
ISLAMABAD -- Chief Justice of Pakistan Justice NasirulMulk said the apex court exercises original jurisdiction for the enforcement of fundamental rights, where a question of 'public importance' is involved which is commonly called as suo moto jurisdiction of Supreme Court of Pakistan.
He said that the Supreme Court has considerable powers under Article 184(3) of the Constitution to exercise original jurisdiction in matters of public importance regarding the enforcement of fundamental rights guaranteed for the citizens of Pakistan irrespective of their economic status, race, color, caste or creed.
According to the Dawn, both the petitions have been moved by invoking the original jurisdiction of the Supreme Court on enforcement of the fundamental rights under Article 184(3) of Pakistan's Constitution instead of seeking leave to appeal.
75) That the 1789 Act vested circuit courts with original jurisdiction over any suit "between a citizen of the State where the suit is brought, and a citizen of another State" makes clear the importance to the founding generation of providing a neutral federal tribunal for resolving interstate disputes.
that the Supreme Court does hear in its original jurisdiction are