The United States Supreme Court exercises both original and appellate jurisdiction on a number of legal matters. Original jurisdiction refers to the power of a court to hear a case for the first time as happens in a trial court. Appellate jurisdiction refers to situations in which a court has power to review a case from the lower court that has come before it in an appeal or for a review. The United States Constitution vests both original as well as appellate jurisdiction to the Supreme Court with respect to certain matters.
Article III, Section 2 of the United States Constitution gives power to the Supreme Court to act as a trial court by giving it original jurisdiction over certain few selected matters. The import of this provision is that litigants can bring a dispute directly before the Supreme Court without first filing the case in the lower courts. This original jurisdiction is granted in statute in section 1251(a) which provides the Supreme Court has not only original jurisdiction but also exclusive jurisdiction over a matter involving a dispute between States. It therefore follows that if states who are parties in a dispute cannot settle their matter, the Constitution grants only the Supreme Court and no other, with the authority to arbitrate over the matter. In most of the cases such disputes coming before the Supreme Court have been few and usually involve conflicting claims over property as was the case in Louisiana v Mississippi and Nebraska v Wyoming. The Court also has original jurisdiction over cases involving ambassadors, public officials and consuls which it shares with the District Courts though in practice, the District Courts have exercised such power. The right to hear cases as between a State and citizens of another State was revoked by the Eleven Amendment following problems attended by land grants.
The Supreme Court of the United States also exercises appellate jurisdiction over cases from the State Courts if they involve a question of federal or constitutional law. Similarly, the court will hear appeals if the issue in determination arises from a treaty as ratified by the United States.
References
Jones, J. P. (April 2005 Edition). The Supreme Court: A Unique Institution. eJournalUSA, 1-2.
