original jurisdiction

Examples of original jurisdiction in the following topics:

• Types of Courts

  • The United States district courts are the general federal trial courts, although in many cases Congress has passed statutes which divert original jurisdiction to these specialized courts or to administrative law judges (ALJs).
  • In a few situations, like lawsuits between state governments or some cases between the federal government and a state, the Supreme Court becomes the court of original jurisdiction.
  • In addition, the Constitution specifies that the Supreme Court may exercise original jurisdiction in cases affecting ambassadors and other diplomats, in cases in which a state is a party, and cases between the state and another country.
  • It considers cases based on its original jurisdiction very rarely; almost all cases are brought to the Supreme Court on appeal.
  • In practice, the only original jurisdiction cases heard by the Court are disputes between two or more states.

• Article III

  • The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
  • In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction.
  • In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

• The Exclusionary Rule

  • It has ultimate (but largely discretionary) appellate jurisdiction over all federal courts and over state court cases involving issues of federal law, and original jurisdiction over a small range of cases.

• Basic Judicial Requirements

  • State courts may have different names and organization; trial courts may be called "courts of common plea" and appellate courts "superior courts" or "commonwealth courts. " State courts hear about 98% of litigation; most states have special jurisdiction courts, which typically handle minor disputes such as traffic citations, and general jurisdiction courts, which handle more serious disputes.
  • In order for a district court to entertain a lawsuit, Congress must first grant the court subject matter jurisdiction over the type of dispute in question.
  • For most of these cases, the jurisdiction of the federal district courts is concurrent with that of the state courts.
  • Congress has established a procedure whereby a party, typically the defendant, can remove a case from state court to federal court, provided that the federal court also has original jurisdiction over the matter.
  • Patent and copyright infringement disputes and prosecutions for federal crimes, the jurisdiction of the district courts is exclusive of that of the state courts.

• The Judicial Branch

  • State courts, which try 98% of litigation, are subject to the jurisdiction of each state.
  • It has ultimate appellate jurisdiction over all federal courts and over state court cases involving issues of federal law.
  • It also has original jurisdiction over a small range of cases .
  • The thirteenth court of appeals is the United States Court of Appeals for the Federal Circuit, which has nationwide jurisdiction over certain appeals based on their subject matter.

• The Federal Tax System

  • State and local tax rates vary widely by jurisdiction, from 0% to 12.696% and many are graduated.
  • Property tax is generally imposed only on realty, though some jurisdictions tax some forms of business property.
  • Sales tax rates vary widely among jurisdictions, from 0% to 16%, and may vary within a jurisdiction based on the particular goods or services taxed.
  • The United States imposes tariffs or customs duties on the import of many types of goods from many jurisdictions.
  • Rates of duty vary from 0% to more than 20%, based on the particular goods and country of origin.

• Federal Jurisdiction

  • Federal courts may only hear cases where federal jurisdiction can be established.
  • Specifically, the court must have both subject-matter jurisdiction over the matter of the claim and personal jurisdiction over the parties .
  • If a Federal Court has subject matter jurisdiction over one or more of the claims in a case, it has discretion to exercise ancillary jurisdiction over other state law claims.
  • The law of jurisdiction must remain apart from the world upon which it operates."
  • The federal district courts represent one of the ways federal jurisdiction is split.

• How a Bill Becomes Law

  • In the U.S. system, where the executive is formally separated from the legislature, all bills must originate from the legislature.
  • A government motion occurs in jurisdictions where the executive can control legislative business a bill may be brought in by executive fiat.
  • A system of committees considers law relating to each policy area jurisdictions in the U.S.
  • Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction.
  • Four joint committees operate with members from both houses on matters of mutual jurisdiction and oversight.

• Stocks

  • The capital stock (or stock) of a business entity represents the original capital paid into or invested in the business by its founders.
  • The capital stock (or stock) of a business entity represents the original capital paid into or invested in the business by its founders.
  • The par value is the de minimis (minimum) amount of money that a business may issue and sell shares for in many jurisdictions and it is the value represented as capital in the accounting of the business.
  • In other jurisdictions, however, shares may not have an associated par value at all.
  • Most jurisdictions have established laws and regulations governing such transfers, particularly if the issuer is a publicly traded entity.

• Vertical Checks and Balances

  • This is accomplished through a system of checks and balances which allows one branch to limit another, such as the power of Congress to alter the composition and jurisdiction of the federal courts.
  • It defines by law the jurisdiction of the federal judiciary in cases not specified by the Constitution.
  • The Constitution originally established that, in most states, all white men with property were permitted to vote.