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In common law legal systems, original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
The original jurisdiction of the court is set forth in 28 U.S.C. § 1251. This statute provides that lower federal courts may also hear cases where the Supreme Court has original jurisdiction, [1]: 19–20 with the exception of disputes between two or more states.
Established pursuant to Article III, Section 1 of the Constitution in 1789, it has original jurisdiction over a small range of cases, such as suits between two or more states, and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of constitutional or ...
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]
It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be ...
"Appellate review" is the general term for the process by which courts with appellate jurisdiction take jurisdiction of matters decided by lower courts. It is distinguished from judicial review , which refers to the court's overriding constitutional or statutory right to determine if a legislative act or administrative decision is defective for ...
Because the courts of appeals possess only appellate jurisdiction, they do not hold trials. Only courts with original jurisdiction hold trials and thus determine punishments (in criminal cases) and remedies (in civil cases). Instead, appeals courts review decisions of trial courts for errors of law.
Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals, which only hears appeals raised in criminal cases, and the U.S. Court of Appeals for the Federal Circuit, which has general jurisdiction but derives most of its caseload from patent cases, on one hand, and appeals from the Court of Federal Claims ...