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Discretionary jurisdiction is a power that allows a court to engage in discretionary review. This power gives a court the authority to decide whether to hear a particular case brought before it. Typically, courts of last resort and intermediate courts in a state or country will have discretionary jurisdiction. [1]
The Court's appellate jurisdiction is given "with such exceptions, and under such regulations as the Congress shall make." Often a court will assert a modest degree of power over a case for the threshold purpose of determining whether it has jurisdiction, and so the word "power" is not necessarily synonymous with the word "jurisdiction". [14] [15]
After granting a writ of certiorari and accepting a case for review, the justices may decide against further review of the case. For example, the Court may feel the case presented during oral arguments did not present the constitutional issues in a clear-cut way, and that adjudication of these issues is better deferred until a suitable case ...
Four Justices must agree to hear a case for the Court to take it up. The Supreme Court receives about 7,000 to 8,000 petitions filed each term, and will decide about 80 cases on average.
The constitutional issue involved the question of whether the Supreme Court had jurisdiction to hear the case. [51] The Judiciary Act of 1789 gave the Supreme Court original jurisdiction in cases involving writs of mandamus. So, under the Judiciary Act, the Supreme Court would have had jurisdiction to hear Marbury's case.
A case may alternatively come before the court as a direct appeal from a three-judge federal district court. [203] The party that petitions the court for review is the petitioner and the non-mover is the respondent. Case names before the court are styled petitioner v. respondent, regardless of which party initiated the lawsuit in the trial court.
Subject-matter jurisdiction, also called jurisdiction ratione materiae, [1] is a legal doctrine regarding the ability of a court to lawfully hear and adjudicate a case. . Subject-matter relates to the nature of a case; whether it is criminal, civil, whether it is a state issue or a federal issue, and other substantive features of th
The U.S. Supreme Court has set April 25 as the date it will hear Donald Trump's claim of presidential immunity from prosecution on charges related to his efforts to overturn his 2020 election loss ...