Original jurisdiction
Original jurisdiction is the right of a court to hear a case for the first time. It can be distinguished from appellate jurisdiction, which is the right of a court to review a case that has already been heard and decided upon by a lower court.[1]
United States
The Supreme Court of the United States generally has appellate jurisdiction over its cases, meaning cases are appealed through the judicial system until they reach the Supreme Court of the United States, most commonly through a writ of certiorari. However, in a limited class of cases, the Court has original jurisdiction to consider the facts and the law of a case without it having first been passed on by a lower court. Currently, the only original jurisdiction cases commonly handled by the Supreme Court of the United States are disputes between two or more U.S. states, typically regarding boundary lines, water claims, or other property issues.
The Court's right to original jurisdiction is set forth by statute in 28 U.S.C. § 1251. In cases involving disputes between two states, § 1251(a) of the statute grants the Court not only original jurisdiction but also makes that jurisdiction exclusive. Such exclusivity, means that if the dispute between the states remains unresolved, no other court has the ability to preside or rule over the dispute.[1]
The Supreme Court of the United States does not hear many original jurisdiction cases, and recently the Court has averaged one or two per term. In the event that the Court does hear an original jurisdiction case, the Court appoints a "special master" to hear arguments and gather facts and evidence and then report back to the Court with a recommendation. The Court then essentially reviews the findings of the special master, which are submitted via a report. Parties in the dispute may also challenge the findings of the special master, and the Court may then determine whether or not to hear their challenges or accept the special master's recommendation.[1][2]
For federal courts, original jurisdiction is granted in disputes involving maritime law, United States law, cases concerning citizens of different states, cases involving different state governments, disputes where the United States is a party, and in cases between foreign nations and ambassadors.[1]
See also
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