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In common law legal systems original jurisdiction of a
court A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''Sta ...

court
is the power to hear a case for the first time, as opposed to
appellate jurisdiction Appellate jurisdiction is the power of an appellate court to review, amend and overrule decisions of a trial court or other lower tribunal. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate ...
, when a higher court has the power to review a lower court's decision.


India

In
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area, the List of countries and dependencies by population, second-most populous ...

India
, the
Supreme Court A supreme court is the highest court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of just ...

Supreme Court
has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the
Government of India The Government of India (ISO The International Organization for Standardization (ISO; ) is an international standard are technical standards developed by international organizations (intergovernmental organizations), such as Codex Aliment ...
and the
States of India State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, U ...
or between Government of India and states on one side and one or more states on other side or cases between different states. Original jurisdiction is related to cases directly brought to the Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the
Constitution of India The Constitution of India (IAST The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation Romanization or romanisation, in linguistics Linguistics is the sci ...

Constitution of India
grants original jurisdiction to the Supreme Court on all cases involving the enforcement of fundamental rights of citizens. It is empowered to issue directions, orders or writs, including writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Indian Constitution. The Supreme Court has special advisory jurisdiction in matters that may specifically be referred to by the President of India under Article 143 of the Indian Constitution.


United States


Supreme Court

In the United States, courts having original jurisdiction are referred to as
trial courts A trial court or court of first instance is a court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administ ...
. In certain types of cases, the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America The United States of America (USA), commonly known as the United States (U.S. or US), or America, is a coun ...

U.S. Supreme Court
has original jurisdiction concurrently with lower courts. The original jurisdiction of the U.S. Supreme Court is governed by Article III, Section 2 of the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. This founding document, originally comprising seven articles, delineates the national frame of government. Its first ...

United States Constitution
an
Title 28 of the United States Code, section 1251
Most commonly, original jurisdiction cases involve suits between states as parties, usually over territorial or water rights disputes. The United States Constitution defines Original Jurisdiction thus: {{quote, 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. United States Constitution Article III, § cl. 2


Federal and state courts

In the
federal court Federal court may refer to: United States * Federal judiciary of the United States ** United States district court, a particular federal court Elsewhere * Federal Court of Australia * Federal courts of Brazil * Federal Court (Canada) * Federal Cou ...
system and those of most
U.S. state In the , a state is a , of which there are currently 50. Bound together in a , each state holds al jurisdiction over a separate and defined geographic territory where it shares its with the . Due to this shared sovereignty, are both of t ...
s, there are several types of trial courts. That is, there are several specialized courts with original jurisdiction over specific types of matters, and then a court with original jurisdiction over anything not reserved to more specialized courts.


Special courts

Not all "trial courts" exclusively exercise original jurisdiction. Indeed, in both the
federal Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
and most state court systems, the trial courts of "
general jurisdiction {{Globalize, article, USA, 2name=the United States, date=December 2010 A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal law, criminal, civil law (common law), civil, family law, family, probate, and ...
" hear appeals from trial courts of limited original jurisdiction; many states call these courts "
superior court In common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. ''Black's Law Dictionary'' i ...
s" for this reason. For example,
United States district court#REDIRECT United States district court The United States district courts are the general trial court A trial court or court of first instance is a court A court is any person or institution, often as a government institution, with the aut ...
s hear appeals from their Bankruptcy Courts (which operate as quasi-independent units of district courts but are constitutionally separate Article I tribunals). Similarly, the Law Division of the
Superior Court of New Jersey The Superior Court is the state court in the U.S. state of New Jersey, with statewide trial and appellate jurisdiction. The New Jersey Constitution of 1947 establishes the power of the New Jersey courts.Jeffrey S. Mandel, New Jersey Appellate Prac ...
hears appeals from municipal courts;https://www.njcourts.gov/attorneys/assets/rules/r3-23.pdf the
Pennsylvania Courts of Common PleasIn Pennsylvania Pennsylvania ( ) ( pdc, Pennsilfaani), officially the Commonwealth of Pennsylvania, is a U.S. state, state in the Mid-Atlantic (United States), Mid-Atlantic, Northeastern United States, Northeastern, and Appalachia, Appalachian ...
, besides hearing major trials, hear appeals from the minor trial courts (Magistrate Courts in most counties;
Philadelphia Philadelphia (colloquially known simply as Philly) is the largest city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania in the United States. It is the List of United States cities by population, sixth-most-populous city in the ...

Philadelphia
and
Pittsburgh Pittsburgh ( ) is a city in the Commonwealth (U.S. state), Commonwealth of Pennsylvania in the United States and the county seat of Allegheny County, Pennsylvania, Allegheny County. A population of 302,971 residents lives within the city limit ...

Pittsburgh
have unique systems) and from certain agencies of local (e.g., zoning board) and state governments (e.g., Pennsylvania Liquor Control Board).


See also

* Court of first instance (disambiguation)


References


Wex
Common law legal terminologyCommon law legal terms is a category for legal phrases or terms originating in Common law. Legal terms Legal terminology by legal system {{CatAutoTOC ...
Jurisdiction