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Original jurisdiction

From Wikipedia, the free encyclopedia

The original jurisdiction of a court is the power to hear a case for the first time, as opposed
to appellate jurisdiction, when a higher court has the power to review a lower court's decision.
Contents
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1France

2India

3United States

4See also

5References

France[edit]
The lowest civil court of France, the tribunal de premire instance (literally, "Court of First Instance"),
has original jurisdiction over most civil matters except areas of specialistexclusive jurisdiction, those
being mainly land estates, business and consumer matters, social security, and labor. All criminal
matters may pass summarily through the lowest criminal court, the tribunal de police, but each court
has both original and limited jurisdiction over certain separate levels of offences:

juge de proximit ("Magistrate Court"): petty misdemeanors and violations;

tribunal de police ("Police Court"): gross misdemeanors or summary offences (jurisdiction);

tribunal correctionnel ("Criminal Court"): felonies or indictable offences generally;

cour d'assises ("Court of Sessions"): capital and first-degree felonies or major indictable
offences, high crimes, crimes against the State.

For the administrative stream, any administrative court has original jurisdiction. However, while the
Council of State has supreme appellate jurisdiction for administrative appeals, it also has
original jurisdiction on a number of matters brought against national governmental authorities
including cases against statutory instruments (executive and ministerial orders) and certain types of
administrative decisions. These decisions are made up out of 2/3 Congress's vote.

India[edit]
In India, the Supreme Court has original, appellate and advisory jurisdiction.[1] Its exclusive original
jurisdiction extends to all cases between the Government of India and theStates of India or between
Government of India and states on side and one or more states on other side or cases between
different states. In addition, Article 32 of theConstitution of India grants original jurisdiction to the
Supreme Court on all cases involving the enforcement of fundamental rights of citizens. [1] It is

empowered to issue directions, orders or writs, including writs in the nature of 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 which may specifically be referred to
it by the President of India under Article 143 of the Indian Constitution.

United States[edit]
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 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 and 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.
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.
Not all "trial courts" exclusively exercise original jurisdiction. Indeed, in both the federal and
most state court systems, the trial courts of "general jurisdiction" hear appeals from trial courts of
limited original jurisdiction; many states call these courts "superior courts" for this reason. For
example, United States district courts hear appeals from theirBankruptcy Courts (which operate as
quasi-independent units of district courts but are constitutionally separate Article I tribunals). By the
same token, the Law and Chancery Divisions of the Superior Court of New Jersey hear appeals from
New Jersey County Courts; the Pennsylvania Courts of Common Pleas, besides hearing major
trials, hear appeals from the minor trial courts (Magistrate Courts in most
counties; Philadelphia and Pittsburgh have unique systems) and from certain agencies of local
(e.g., zoning board) and state governments (e.g., Pennsylvania Liquor Control Board).