Original jurisdiction refers to a court’s right to hear a case for the first time. State and federal courts may have original jurisdiction over different matters, and there are also specialty courts. Appellate and supreme courts typically have limited original jurisdiction.
Original jurisdiction refers to the right of a court to hear a case for the first time. In many court systems, there are courts of first impression, or original jurisdiction, as well as appellate courts and higher courts, such as the Supreme Court. Which courts have original jurisdiction depends entirely on the judicial system, but there are some common examples.
In countries where the country is divided into states or territories, such as the United States, Mexico, or Brazil, state courts may have original jurisdiction over some matters while federal courts have original jurisdiction over others. In some cases, both federal and state courts may exercise jurisdiction over a case. If so, they have what is known as concurrent or shared jurisdiction.
A state court system typically has original jurisdiction over matters determined by state law. Examples include traffic violations, divorces, state crimes, and civil litigation that are not the result of an allegation that the defendant violates a constitutional right. Within state court systems, there is also a hierarchy of courts. Specialty courts are designed to hear certain types of cases, such as a traffic court, probate court, or small claims court. In the absence of a specific court designated to hear the type of case at hand, the circuit court or higher will generally be the court of first impression for all other cases.
Some legal matters are federal in nature and therefore must be filed in federal court. In the United States, for example, bankruptcy is a creation of federal law and therefore must be filed in federal bankruptcy court. Federal tax matters must also be heard in the federal tax courts. Some crimes, such as treason, fall under federal law alone and must be charged in federal court. Other crimes, such as drug trafficking, kidnapping or carrying firearms, may be charged at the state or federal level.
As a rule, appellate courts and supreme courts have very limited, if any, original jurisdiction. In the United States, the Supreme Court has original jurisdiction over cases in which a state, ambassador, or attorney is a party, and in very limited additional circumstances, such as constitutional challenges. The idea is that appellate courts should be review courts for lower court decisions, and the Supreme Court is the last resort. In civil law countries, such as Sweden or Germany, there is often more than one “supreme court”. In those countries, one of the highest courts generally has exclusive jurisdiction over constitutional matters, while the others may have the final say in other types of cases.
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