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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. When a case is between two or more states, the Supreme Court holds both original and exclusive jurisdiction, and no lower court may hear such cases.
The original jurisdiction of the U.S. Supreme Court is governed by Article III, Section 2 of the United States Constitution [2] and Title 28 of the United States Code, section 1251. Most commonly, original jurisdiction cases involve suits between states as parties, usually over territorial or water rights disputes.
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 ...
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 ...
Original jurisdiction permits courts to answer all questions of law and fact when a matter is brought before them for the first time [27] (for practical reasons, courts hearing appeals from administrative bodies will also exercise original jurisdiction, this does not subvert the rule). [28] Appellate jurisdiction is corrective in nature. [27]
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. However, the Constitution describes the cases in which the Supreme Court has original jurisdiction, and does not include mandamus cases. [52]
This court had the same original jurisdiction and powers as the United States circuit courts but, unlike those courts, it continued to have its own judges even after the repeal of the Judiciary Act of 1801, and also exercised appellate jurisdiction over justices of the peace and other "local" courts of the District.
The contours of removal jurisdiction are almost identical to those of original jurisdiction. According to Rule 12(b)(1) of the Federal Rules of Civil Procedure, a federal court has the authority to dismiss a case for lack of subject-matter jurisdiction upon motion of a party or sua sponte, upon its own initiative.