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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. When a case is between two or more states, the Supreme Court holds both original and exclusive jurisdiction, and no lower court may hear such cases.
Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one court may take jurisdiction over the case. Exclusive jurisdiction is typically defined in terms of subject ...
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.
This statute provides further that, in the case of disputes between two or more states, the Supreme Court holds both original and exclusive jurisdiction and no lower court may hear such cases, whereas lower federal courts have concurrent jurisdiction in other cases, such as those where only one party is a state, and typically first hear such cases.
The enabling statute for federal question jurisdiction, 28 U.S.C. § 1331, provides that the district courts have original jurisdiction in all civil actions arising under the Constitution, laws, or treaties of the United States. As mentioned before, this jurisdiction by default is not exclusive; states can also hear claims based on federal law.
Under 28 U.S.C. § 1251, the Supreme court has original and exclusive jurisdiction over controversies between two or more states, and original (but non-exclusive) jurisdiction over cases involving officials of foreign states, controversies between the federal government and a state, actions by a state against the citizens of another state or ...
The Supreme Court was given exclusive original jurisdiction over all civil actions between states, or between a state and the United States, as well as over all suits and proceedings brought against ambassadors and other diplomatic personnel; and original, but not exclusive, jurisdiction over all other cases in which a state was a party and any ...