Which of the following Is an Example of a Court of Original Jurisdiction

In its 1794 decision in Chisholm v. Georgia, the Supreme Court sparked controversy when it ruled that article III gave it original jurisdiction over proceedings brought against a State by a citizen of another State. The ruling further ruled that this jurisdiction was “self-executing,” meaning Congress had no control over when the Supreme Court was allowed to use it. Of the three ways in which cases can be brought before the Supreme Court (appeals by lower courts, appeals by state supreme courts, and trial jurisdiction), by far the least number of cases are dealt with within the court`s original jurisdiction. Judges usually ask questions during each presentation. However, in courtrooms or classroom simulations, student judges do not ask questions within the first two minutes of oral argument on either side to reassure student lawyers. If the student commissioner holds up a five-minute warning card, the student lawyer on the podium should finish his argument and be ready to finish when the commissioner holds up the STOP card. If judges decide to accept a case (grant a request for certiorari), the case is placed on the agenda. According to the rules of the Supreme Court, the applicant has a certain period of time to prepare a brief of up to 50 pages setting out his case on the subject on which the court has granted review. After the filing of the plaintiff`s procedural document, the other party, the so-called defendant, has a certain period of time to file the defendant`s procedural document. This order may also not exceed 50 pages.

This is the case, for example, when one State sues another State. It doesn`t happen very often, but from time to time states have a dispute that leads to litigation. For example, Texas and New Mexico sued each other over state boundaries and water rights. The Supreme Court has original jurisdiction over these and other types of cases. In exercising its appellate jurisdiction, the Court of Justice is not called upon to hear and determine a case, with a few exceptions. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so. In an application for certiorari, a party asks the Court to reconsider its arguments. The Supreme Court agrees to hear about 100 to 150 of the more than 7,000 cases it is supposed to hear each year. The Supreme Court treats cases that fall within its original jurisdiction differently from those that come to it through a more traditional appellate court. How cases of initial jurisdiction are heard – and whether they require a “special prothonotary” – depends on the nature of the dispute.

Article 17 of the Rules of the Supreme Court governs actions based on the original jurisdiction of the court. After the filing of the first claims, the plaintiff and the defendant may file briefs of shorter length corresponding to the respective position of the other party. If not directly involved in the matter, the U.S. government, represented by the Attorney General, may file a brief on behalf of the government. With the court`s permission, groups that have no vested interest in the outcome of the case, but are nonetheless interested in it, can file a so-called amicus curiae (Latin for “friend of the court”) in which they set out their own arguments and recommendations for deciding the case. In fact, on average, only two or three of the approximately 100 cases heard each year by the Supreme Court are heard at first instance. Although there are only a few, these cases are still very important. Instead of suing in state or federal court, a lawsuit between two states is heard by the U.S. Supreme Court. In the Judiciary Act of 1789, Congress made the original jurisdiction of the Supreme Court exclusive in lawsuits between two or more states, between a state and a foreign government, and in lawsuits against ambassadors and other public ministers. Today, it is assumed that the Supreme Court`s jurisdiction over other types of actions involving states should be concurrent or shared with state courts.

In almost all other cases, state and federal district courts have trial jurisdiction. For example, if there is a routine breach of contract between two parties, this case will be heard in a federal district court (the federal courts at the procedural level) or by a state court at the procedural level. Once the trial court has rendered its verdict, the losing party may appeal to an appellate court. The parties to the contractual dispute could not bring an action before the Court of Appeal at first instance, as the Court of Appeal did not have jurisdiction originally. Only the court at the procedural level would initially have jurisdiction. What for? Because a special master essentially has to start from scratch to deal with the case and gather the relevant information and evidence. The volumes of pre-existing pleadings and legal pleadings of both parties must be read and considered. The prothonotary may also be required to hold hearings at which lawyers` arguments, additional evidence and testimony are presented. This process results in thousands of pages of records and transcripts that must be compiled, prepared and weighed by the dedicated master. Article III of the Constitution establishes the federal judiciary. Article III, section I, states: “The judicial authority of the United States shall be vested in a Supreme Court and such subsidiary courts as Congress may from time to time prohibit and establish. Although the Constitution establishes the Supreme Court, it allows Congress to decide how it should be organized.

Congress first exercised this power in the Judicial Act of 1789. This law created a Supreme Court with six judges. He also established the lower federal judicial system. In its first exercise of its power to review acts of Congress, the Supreme Court ruled that Congress had exceeded its constitutional powers by extending the scope of the court`s original jurisdiction to cases involving the appointment of presidents before federal courts. An important aspect of the Supreme Court`s original jurisdiction is that its Congress cannot broaden its scope. This was noted in the bizarre “midnight judges” incident that led to the court`s verdict in the landmark Marbury v. Madison in 1803. In addition, resolving a dispute may require more time and manpower. For example, the now famous original Kansas v. Nebraska and Colorado, which focused on the rights of the three states to use the waters of the Republican River, lasted nearly two decades. That case was accepted by the Supreme Court in 1999, but it wasn`t until four reports from two different Sondermeisters were filed that the Supreme Court finally decided the case 16 years later, in 2015. Fortunately, people in Kansas, Nebraska, and Colorado had other water sources in the meantime.

Parties who are not satisfied with a lower court`s decision must go to the U.S. Supreme Court to hear their case. The main way to ask the court to review is to ask the court to issue a writ of certiorari. This is a request that the Supreme Court orders a lower court to send the case file for review. The Court is generally not required to hear these cases, and it usually does so only if the case may be of national importance, harmonize conflicting decisions in the federal courts and/or have precedential value. In fact, the Court accepts 100 to 150 of the more than 7,000 cases it is asked to consider each year. Typically, the court hears cases decided either before a U.S. court of appeals or before the highest court in a particular state (if the state court has ruled on a constitutional question). In this case, the court had to decide whether an act of Congress or the Constitution was the supreme law of the land. The Judicial Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (regulations that require government officials to act in accordance with the law). A lawsuit was filed under the Act, but the Supreme Court held that the Constitution did not allow the court to have original jurisdiction over the matter.

Since Article VI of the Constitution establishes the Constitution as the supreme law of the land, the Court ruled that an act of Congress that violated the Constitution could not be upheld. In subsequent cases, the court also established its power to sweep away state laws deemed unconstitutional. The Constitution provides that the Supreme Court has jurisdiction in the first instance and on appeal. Jurisdiction at first instance means that the Supreme Court is the first and only court to hear a case. The Constitution limits initial jurisdiction to cases involving disputes between states or disputes between ambassadors and other high-ranking ministers. Appellate jurisdiction means that the court has the power to review decisions of lower courts. Most cases heard by the Supreme Court are appeals by lower courts. The power of a court to hear and decide a case before each appeal review. A court of first instance must necessarily have jurisdiction at first instance over the types of cases it hears. Congress and the states immediately saw this as a threat to state sovereignty and responded by passing the Eleventh Amendment, which states: “Nothing shall be construed to extend to any legal or equitable action brought or pursued by citizens of another state against any of the United States. or citizens or subjects of a foreign state.” Trial jurisdiction is the power of a court to hear and decide a case before it has been heard and decided by a lower court.