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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.
The Congress may not, however, amend the Court's original jurisdiction, as was found in Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) (the same decision which established the principle of judicial review). Marbury held that Congress can neither expand nor restrict the original jurisdiction of the Supreme Court. However, the appellate ...
The circuit with the fewest appellate judges is the First Circuit, and the one with the most appellate judges is the geographically large and populous Ninth Circuit in the West. The number of judges that the U.S. Congress has authorized for each circuit is set forth by law in 28 U.S.C. § 44 , while the places where those judges must regularly ...
"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 ...
The United States courts of appeals are the intermediate federal appellate courts. [1] They operate under a system of mandatory review which means they must hear all appeals of right from the lower courts. In some cases, Congress has diverted appellate jurisdiction to specialized courts, such as the Foreign Intelligence Surveillance Court of ...
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 ...
A particular court system's supreme court is its highest appellate court. [2] Appellate courts nationwide can operate under varying rules. [3] Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an ...