Home : Legal Dictionary : Original jurisdiction

Legal Dictionary - Original jurisdiction

Nearly all of the cases considered by the U.S. Supreme Court come to it from other courts (Federal or state) on appeal -- or more accurately via petitions for a "writ of certiorari." However, under the U.S. Constitution (Article III, Section 2 (http://www.law.cornell.edu/constitution/constitution.articleiii.html#section2)), the Supreme Court has "original jurisdiction" over several small but important categories of cases. That means, quite literally, that the parties can bring such disputes directly to the Supreme Court. The categories are defined in terms of who the parties are.

The original jurisdiction of the Court is laid out by statute in 28 U.S.C. ยง 1251. Section 1251(a) provides that with one type of dispute (disputes between states), the Court's jurisdiction is not only "original," it is exclusive. In other words, if the parties cannot settle the matter, no other court but the Supreme Court has authority, under the Constitution, to take jurisdiction.

Rule 17 (http://www.law.cornell.edu/rules/supct/17.html) of the Supreme Court Rules governs actions based on the Court's original jurisdiction.

Relatively few original jurisdiction cases come to the Court. In recent times there have been one or two a year. The Court's practice in these cases is to appoint a "Master" to hear the evidence, determine facts, and recommend a decision. This allows the Court to deal with the dispute very much like it does with those that come to it on appeal, for it puts the Court in the posture of reviewing the Master's findings and recommendations in the light of legal arguments made by the opposing parties.

Typically, the disputes between states coming to the Court involve conflicting property claims. Two recent examples include Louisiana v. Mississippi (decided in October 1995) and Nebraska v. Wyoming (decided in May 1995).


Retrieved from "http://www.law.cornell.edu/wex/index.php/Original_jurisdiction". Content is available under a Creative Commons Attribution-ShareAlike 2.5 License.

Need A Civil Rights Claims Attorney?

First Name Last Name Email Address State
Were your civil rights violated?

Please describe the circumstances

Your Friend's Email Address

Your Email Address

Type a Message (optional)


Looking for a Civil Rights Claims attorney in District of Columbia? Get in touch with one of our Civil Rights Claims attorneys in District of Columbia now.

 

Close (x)

Looking for an Attorney?


Please type your question:

Close (x)

logo Find Legal Help for Your Civil Rights Claims Case - Submit Your Information Below

Do you need legal assistance with your Civil Rights Claims case?
LegalView may be able to help.


Submit your information below for a free, no-cost evaluation.

We'll submit your information to one of our partner firms.
LegalView's partners represent clients throughout the United States, for a very wide range of legal issues. Submit your information now, to see if one of LegalView's partners can help!

* Indicates Required Fields

First name *
Last name *
Email Address *
Phone Number *
()  -

State *
Legal Issue * Civil Rights Claims Change
Was There an Injury?
Please Describe The Injury

DISCLAIMER and STATEMENT OF NON-CONFIDENTIALITY

By submitting this form, you agree that completing the above is not intended to create an attorney-client relationship.

Disclosure

Legal WebTV Network LLC, LegalView.com, and LegalWebMedia.com are group advertising sponsored by the attorneys identified here. It is not a lawyer referral service. If you submit information on this website [more...]

Legal WebTV Network LLC, LegalView.com, and LegalWebMedia.com are group advertising sponsored by the attorneys identified here. It is not a lawyer referral service. If you submit information on this website, LegalWebMedia.com will submit your information to the law firms that pay for this group advertising and to respond to your requests for information concerning legal services in their assigned local areas. If there is no sponsoring firm in your state, your inquiry will be submitted to one of the sponsoring law firms on a predetermined, rotating basis. If the sponsoring law firm accepts your case, it will associate with licensed attorneys practicing in your state, if required; the sponsoring law firm may also contact other law firms to see if they may be able to assist.

The information provided by the LegalView.com and LegalWebMedia.com websites is for advertising and informational purposes and should not be considered as legal advice from the sponsoring attorneys. The websites contain general information and may not reflect current legal developments, verdicts, or settlements. LegalView.com contains information created by others or supplied through open forums; the sponsoring law firms are not responsible for the accuracy of this information. Any person viewing or receiving information from these websites should not act or refrain from acting on the basis of any such information without first seeking appropriate legal advice from an attorney in your area. Legal WebTV Network, LLC expressly disclaims any liability with respect to actions taken or not taken by the recipient based on any or all of the information or contents contained in these websites.

Any information sent to Legal WebTV Network LLC through this website is done using standard Web encryption techology. LegalView.com will exercise all reasonable care, within technological limits, to protect the confidentiality of any information submitted via Internet e-mail or through this website. By accessing this website, you may be seeking an attorney to represent you or legal advice. However, none of the sponsoring attorneys represent you yet.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Any transmission of information, whether via Internet e-mail or through the website, is solely for evaluation purposes by the sponsoring law firms and their associates. The transmission of any information to any attorney sponsoring advertising on LegalView.com or LegalWebMedia.com does not create an attorney-client relationship between the sender and any recipient. An attorney-client relationship can only be created by a written, signed-fee agreement entered into with an attorney. The sponsoring attorneys will treat your information as a confidential communication for the purpose of obtaining legal services or legal advice.

For more information about the sponsoring law firms, please click here.
This form is secure and encrypted. More information about secure forms and your privacy here.