Editing Original jurisdiction

{{Use American English|date = March 2019}}
{{Short description|Power of a court to hear a court case that has not been appealed by a different court}}
{{Use mdy dates|date = August 2012}}

{{more citations|date=August 2019}}
In [[common law]] legal systems, '''original jurisdiction''' of a [[court]] is the power to hear a [[Legal case|case]] for the first time, as opposed to [[appellate jurisdiction]], when a higher court has the power to review a lower court's decision. 

==India==

In [[India]], the [[Supreme Court of India|Supreme Court]] has original, appellate and advisory jurisdiction.<ref name=sci-jurisdiction>{{cite web|url=http://supremecourtofindia.nic.in/jurisdiction.htm|title=Jurisdiction of The Supreme Court|publisher=Supreme Court of India|access-date=2012-06-23|archive-url=https://web.archive.org/web/20120306011139/http://supremecourtofindia.nic.in/jurisdiction.htm|archive-date=March 6, 2012|url-status=dead}}</ref> Its exclusive original jurisdiction extends to all cases between the [[Government of India]] and the [[States of India]] or between Government of India and states on one side and one or more states on the 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]] grants original jurisdiction to the Supreme Court on all cases involving the enforcement of fundamental rights of citizens.<ref name="sci-jurisdiction"/> 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===
{{main article|Original jurisdiction of the Supreme Court of the United States}}
In the United States, courts having original jurisdiction are referred to as [[trial courts]]. In certain types of cases, the [[U.S. Supreme Court]] has original jurisdiction [[concurrent jurisdiction|concurrently]] with lower courts. The original jurisdiction of the U.S. Supreme Court is governed by
[[Article Three of the United States Constitution#Clause 2: Original and appellate jurisdiction|Article&nbsp;III, Section&nbsp;2]] of the [[United States Constitution]]<ref>{{cite journal |last1=Hatton |first1=David |last2=Wexler |first2=Jay |author-link2=Jay Wexler |title=The First Ever (Maybe) Original Jurisdiction Standings |journal=Journal of Legal Metrics |date=2012 |volume=1 |page=19 |url=https://scholarship.law.bu.edu/cgi/viewcontent.cgi?article=1040&context=faculty_scholarship |access-date=31 May 2019}}</ref> and [https://www.law.cornell.edu/uscode/text/28/1251 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, §3, cl. 2}}

===Federal and state courts===
In the [[Federal judiciary of the United States|federal court]] system and [[State court (United States)|those]] of most [[U.S. state]]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 and most [[State court (United States)|state court]] systems, the trial courts of "[[general jurisdiction]]" hear appeals from trial courts of limited original jurisdiction; many states call these courts "[[superior court]]s" for this reason. For example, [[United States district court]]s hear appeals from their [[United States bankruptcy court|bankruptcy courts]] (which operate as quasi-independent units of district courts but are constitutionally separate [[Article&nbsp;I tribunal]]s). Similarly, the Law Division of the [[Superior Court of New Jersey]] hears appeals from [[Pittsburgh]] have unique systems) and from certain agencies of local (e.g., [[Zoning in the United States|zoning board]]) and state governments (e.g., [[Pennsylvania Liquor Control Board]]).

== See also ==
* [[Court of first instance (disambiguation)]]

==References==
<references/>
*[https://www.law.cornell.edu/wex/index.php/Original_jurisdiction Wex] at Legal Information Institute
*[http://www.apfn.org/apfn/original_jurisdiction2.htm APFN] {{Webarchive|url=https://web.archive.org/web/20071011204005/http://www.apfn.org/apfn/original_jurisdiction2.htm |date=October 11, 2007 }}
*[http://law.onecle.com/constitution/article-3/32-original-jurisdiction.html The Original Jurisdiction of the Supreme Court] at Onecle

[[Category:Common law legal terminology]]
[[Category:Jurisdiction]]