Who has original jurisdiction?

History · High School · Mon Jan 18 2021

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Original jurisdiction refers to the authority of a court to hear a case for the first time, as opposed to appellate jurisdiction, where a court reviews the decision of a lower court. In the context of the United States, the term is often associated with the U.S. Supreme Court, which has original jurisdiction in certain types of cases.

According to Article III, Section 2 of the U.S. Constitution, the Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. This means that if a case involves a dispute between states, or if it involves foreign diplomats, it can be brought directly to the Supreme Court without first going through lower courts. However, in practice, the Supreme Court exercises this power infrequently, instead preferring to hear cases on appeal.

The concept of original jurisdiction also applies to other courts. For example, state trial courts typically have original jurisdiction over cases that arise under state law, and federal district courts have original jurisdiction over certain types of federal cases.

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