Original Jurisdiction

Definition of Original Jurisdiction

Note: See a more comprehensive approach to the Original Jurisdiction legal concept in the American Law Encyclopedia

The authority of a court initially to hear and determine a legal question. Original jurisdiction is vested with trial courts rather than appellate courts, although Article III extends limited original jurisdiction to the Supreme Court. Various trial courts are assigned specific original jurisdictions, which are defined in terms of subject matter or party. Original jurisdiction in civil cases is often divided on the basis of the monetary value of the action. Cases involving large amounts of money generally are assigned to the principal court of general jurisdiction while lesser amounts typically are given to courts of limited jurisdiction. Similarly, felony-level criminal matters are usually heard by general jurisdiction courts while misdemeanors are adjudicated by the limitedjurisdiction courts. A felony is a criminal offense for which punishment may be death or imprisonment for more than a year. A misdemeanor is a minor criminal offense punishable by imprisonment in local jails for up to a year. Since the U.S. District Court is the only trial court of broad jurisdiction in the federal system, it has original jurisdiction over all federal criminal matters.

See Also

Appellate Jurisdiction (Law of the United States) General Jurisdiction Court (Law of the United States); limitedjurisdiction court, 60.

Resources

Original Jurisdiction Related Resources

• Original Jurisdiction in the United States Legal Encyclopedia
• Judicial Organization Keywords in the United States Legal Encyclopedia
• Judicial Organization Keywords in the International Legal Dictionary

Notes

• “Original Jurisdiction”, The American Law Dictionary, 1991, California

Original Jurisdiction

In the Past

That which is given to courts to take cognizance of cases which may be instituted in those courts in the first instance. There is further information on this topic in this legal reference. The constitution (see more about this popular legal topic in the U.S. encyclopedia) of the United States of America gives the Supreme Court (see decisions, judges, etc) of the United State original jurisdiction in cases which affect ambassadors, other public ministers and consuls and to those in which a state is a party. Art. 3, s. 2; 1 Kent, Com. 314. [1]

Resources

Notes and References

1. Partialy, this information about original jurisdiction is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including original jurisdiction.

See Also

Original Jurisdiction (Judicial Organization)

Meaning of Original Jurisdiction

This is a brief definition of original jurisdiction; a term used, in general, in the field of procedural law within the United States: Jurisdiction in the first instance_ jurisdiction to take cognizance of a case at its inception_ e. g. , the superior courts have original jurisdiction over marriage dissolutions, while the appellate courts have only appellate jurisdiction over marriage dissolutions.