Original Jurisdiction


Also found in: Wikipedia.

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. 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.
Liability to attacks of laughter is one of the characteristics distinguishing man from the animals -- these being not only inaccessible to the provocation of his example, but impregnable to the microbes having original jurisdiction in bestowal of the disease.
While most of the Caribbean Community (CARICOM) countries have signed on to the Court's Original jurisdiction, only Barbados, Belize, Dominica and Guyana are signatories to its Appellate jurisdiction.
The Court of Appeal, Abuja Division has been asked to invoke its original jurisdiction to determine whether President Muhammadu Buhari supplied false information about his educational qualification and certificates, in the Form CF001 he submitted to the Independent National Electoral Commission (INEC), before the 2019 presidential elections.
"CBI has original jurisdiction over the union territory Delhi.
The CJP Khosa in his first speech on January 17 said an effort shall be made - either through a full court meeting or through a judicial exercise - to determine and lay down the scope and parameters of the exercise of the original jurisdiction of the court under Article 184(3).
'I am of the view that to deal with such objections in revisional jurisdiction by this court at this stage would amount to preempt the original jurisdiction of environmental magistrate; moreover the revision petitioners have only challenged the order of March 25 before this court which is being answered accordingly,' he stated.
'While the PCC has primary and original jurisdiction over competition concerns, [it] acknowledges the technical expertise and regulatory functions of the DOE and the Energy Regulatory Commission in overseeing the power industry,' the PCC statement added.
While the PCC has primary and original jurisdiction over competition concerns, the antitrust commission said it acknowledged the technical expertise and regulatory functions of the DOE and the Energy Regulatory Commission (ERC) in overseeing the power industry.
"While the PCC has primary and original jurisdiction over competition concerns, the antitrust commission acknowledges the technical expertise and regulatory functions of the DOE and the Energy Regulatory Commission in overseeing the power industry," it said.
'The CJ should consider setting up a division of the High Court with original jurisdiction to hear corruption and economic crime matters.
The remaining state law claims were dismissed because the court no longer had original jurisdiction once Russell dismissed the federal causes of action.