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Jurisdiction of the Virginia Supreme Court. Although the Supreme Court of Virginia possesses both original and appellate jurisdiction, its primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed.
The original jurisdiction of the court is set forth in 28 U.S.C. § 1251. This statute provides that lower federal courts may also hear cases where the Supreme Court has original jurisdiction, [1]: 19–20 with the exception of disputes between two or more states.
- The Fastest Track to The Supreme Court
- Marbury v. Madison: An Early Test
- Original Jurisdiction Cases That Reach The Supreme Court
- Original Jurisdiction Cases and Special Masters
As originally defined in Article III, Section 2 of the U.S. Constitution, and now codified in federal law at 28 U.S.C. § 1251. Section 1251(a), the Supreme Court has original jurisdiction over four categories of cases, meaning parties involved in these types of cases can take them directly to the Supreme Court, thus bypassing the usually lengthy ap...
An important aspect of the Supreme Court’s original jurisdiction is that its Congress cannot expand its scope. This was established in the bizarre “Midnight Judges” incident, which led to the Court’s ruling in the landmark 1803 case of Marbury v. Madison. In February 1801, newly-elected President Thomas Jefferson—an Anti-Federalist—ordered his acti...
Of the three ways in which cases may reach the Supreme Court(appeals from lower courts, appeals from state supreme courts, and original jurisdiction), by far the fewest cases are considered under the Court’s original jurisdiction. In fact, on average, only two to three of the nearly 100 cases heard annually by the Supreme Court are considered under...
The Supreme Court deals differently with cases considered under its original jurisdiction than those reaching it through more traditional appellate jurisdiction. How original jurisdiction cases are heard—and whether they'll require a "special master"—depends on the nature of the dispute. In original jurisdiction cases dealing with disputed interpre...
- Robert Longley
When the Court has original jurisdiction over a case, it means that a party may commence litigation in the Supreme Court in the first instance rather than reaching the high court on appeal from a state court or an inferior federal court.
From the beginning, the Supreme Court has assumed that its original jurisdiction flows directly from the Constitution and is therefore self-executing without further action by Congress. 1. It does not, however, exhaust the listing of the Constitution. In Chisholm v. Georgia, 2.
Although the Supreme Court of Virginia possesses both original and appellate jurisdiction, its primary function is to review decisions of lower courts, including the Court of Appeals, from which appeals have been allowed.
Article III, Section 2, Clause 2 of the Constitution defines the Supreme Court’s jurisdiction. The clause creates two types of Supreme Court jurisdiction that apply to different categories of cases.
