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
We conclude that Gary has failed to show why this Court must exercise its original jurisdiction in his case, something that this Court will do only in 'extremely rare' cases, which this case is not because the relevant recent decision in the trial court could be raised before this Court through an application for discretionary appeal," the order said.
However, it has to be made known as well that the BOC, as provided for in the Customs Modernization and Tariff Act, has exclusive original jurisdiction in conducting antismuggling operations.
The SC said it has no original jurisdiction over such a petition for declaratory relief.
The Court held that it has no original jurisdiction over declaratory relief actions, as such jurisdiction belongs to the regional trial court.
She went on to say that the extension of the jurisdiction of the Peshawar High Court will help the people of FATA access fundamental rights, which is the original jurisdiction of the high courts and is, therefore, a very important step towards allowing full rights to the citizens.
The court has exclusive original jurisdiction of first degree murder cases and original jurisdiction of all other crimes.
It also questioned whether original jurisdiction of this court can be invoked in the presence of a proper/alternative remedy, is a question to be decided by the court, and the office is neither authorised to, nor is it the correct forum for decision on this question.
Supreme Court is currently reviewing the question of whether the Court of Appeals has original jurisdiction to review challenges to the 2015 rule.
The legislature is a separate branch of government, they have exclusive and original jurisdiction to determine probable cause on impeachment complaints," he said.
It has appellate jurisdiction and original jurisdiction.