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Shipp (1906), a criminal complaint was filed directly to the court, following the lynching of a defendant whose appeal to the court had been granted. The case brought against those responsible for the lynching gave the court original jurisdiction over a criminal case for the first and thus far only time in its history. [11]
An exception exists when this situation arises in one of the now-rare cases brought directly to the Supreme Court on appeal from a United States District Court; in this situation, the case is referred to the U.S. Court of Appeals for the corresponding circuit for a final decision there by either the Court of Appeals sitting en banc, or a panel ...
The original jurisdiction of the U.S. Supreme Court is governed by Article III, Section 2 of the United States Constitution [2] 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.
On appeal, the Supreme Court held that that under 28 U.S.C. § 1251(a), granting it original and exclusive jurisdiction of all controversies between two states, deprived the district court of jurisdiction over Louisiana's third-party complaint against Mississippi altogether.
The right to file an appeal can also vary from state to state; for example, the New Jersey Constitution vests judicial power in a Supreme Court, a Superior Court, and other courts of limited jurisdiction, with an appellate court being part of the Superior Court.
The Court's appellate jurisdiction is given "with such exceptions, and under such regulations as the Congress shall make." Often a court will assert a modest degree of power over a case for the threshold purpose of determining whether it has jurisdiction, and so the word "power" is not necessarily synonymous with the word "jurisdiction". [14] [15]
It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be ...
Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals, which only hears appeals raised in criminal cases, and the U.S. Court of Appeals for the Federal Circuit, which has general jurisdiction but derives most of its caseload from patent cases, on one hand, and appeals from the Court of Federal Claims ...