Original jurisdiction
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In
India
In
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
The United States Constitution defines Original Jurisdiction thus:
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, §3, cl. 2
Federal and state courts
In the federal court system and those of most U.S. states, 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 and most
See also
References
- ^ a b "Jurisdiction of The Supreme Court". Supreme Court of India. Archived from the original on March 6, 2012. Retrieved June 23, 2012.
- ^ Hatton, David; Wexler, Jay (2012). "The First Ever (Maybe) Original Jurisdiction Standings". Journal of Legal Metrics. 1: 19. Retrieved May 31, 2019.
- Wex at Legal Information Institute
- APFN Archived October 11, 2007, at the Wayback Machine
- The Original Jurisdiction of the Supreme Court at Onecle