Original Jurisdiction Versus Appellate Jurisdiction In the United States

Courts having original jurisdiction are called trial courts. These courts have the authority to hear the case first and come to a decision based on trial and evidence. In contrast, courts with appellate jurisdiction are courts that are empowered to review the decisions of lower courts and change the outcome if deemed necessary.Example: If Mr. X is charged for felony, the court where his case will be heard―the district court if it is Texas or Georgia―will have original jurisdiction over the case. If Mr. X is convicted and he decides to go to the circuit court to challenge the lower court's decision, that particular court will have appellate jurisdiction. Appellate jurisdiction should not be mistaken for a retrial, as the appellate court doesn't hear the entire case. Instead, it simply focuses on the issue of dispute. The appellate court usually looks for clear error or unquestionably erroneous judgment by a trial court, and if it finds the same, then it can reverse or modify the decision passed by the lower court. The Federal Rules of Appellate Procedure (FRAP) governs procedures in cases of appellate jurisdiction. After reviewing the case, the appellate court will either affirm the case and uphold the decision of the lower court or remand the case and send it back to the lower court for further action.

When the lower court begins the trial, it takes the appellate court's review into consideration. If the appellate court finds that the lower court has violated some law or failed to consider the laws and facts of the case, then it is entitled to reverse the lower court's decision.Some examples of courts with original jurisdiction include the state trial courts, juvenile courts, traffic courts, federal district courts, and even the US Supreme Court, which, despite the fact that most cases heard by it fall under the appellate jurisdiction, has original jurisdiction over certain types of cases. As for examples of courts with appellate jurisdiction, these include circuit courts, state courts of appeals, state supreme courts, federal district courts, and―once again―the US Supreme Court.

In your notes...

1. Make the distinction between Original Jurisdiction and Appellate Jurisdiction.