Courts of original jurisdiction are the starting point for trials and judgments, with the power to hear cases and issue binding rulings. They are usually low-level courts, but can be appealed to higher courts. Different countries have different names for these courts, and the US has separate courts for different types of disputes. Appellate courts usually do not have original jurisdiction, but there are exceptions.
When a lawsuit is first filed, a court that has jurisdiction to hear the dispute is filed—and judged first. This court is known as the court of original jurisdiction or the court of first instance. A court of original jurisdiction is usually a low-level court that has the power and authority to hear testimony, consider all the facts, and ultimately issue an opinion and judgment. An opinion issued by a court of original jurisdiction can usually be appealed to a higher court, but most appellate reviews focus only on the application of the law in a particular case. The courts of the original jurisdiction have the important burden of assessing and weighing the facts and circumstances of each dispute before them and of creating an accurate record.
In the European Union, the first level of the judicial system is called the Court of First Instance of the Communities of the European Union. This title makes it clear that these courts are courts of original jurisdiction and that they are the starting point for trials and opinions. The courts in most other places are not so clearly named. The courts of the original jurisdiction in the United Kingdom are known as Magistrate’s Courts. In France they are courts of common pleas. In Canada, Australia and the United States, they are trial courts.
In the United States, the judicial system is extensive, with different courts for different types of disputes. There are criminal courts and bankruptcy courts, family courts and civil courts. For matters of domestic law, there is a separate federal district court system. All trial and district courts are courts of original jurisdiction for disputes in their respective areas, and filing a lawsuit for the first time must occur there.
No matter where they are located or what they are called, courts of original jurisdiction are the entry point of a case into the justice system. The courts of the original jurisdiction have the power to hear the case and issue a binding judgment. Many disputes are fully resolved after this ruling is made. However, usually the parties have the right to appeal the decision to any court of the original jurisdiction. In such a case, the court record and the complete case file will be forwarded to the court of appeal.
Most appellate courts do not have original jurisdiction of their own, meaning they can only hear cases on referral. There are some exceptions to this rule. The High Court of Australia, although it functions as the country’s final court of appeal and supreme court, can accept original documents if they concern questions about the Australian constitution. The United States Supreme Court may also serve as the court of original jurisdiction if the dispute is between states or between a state and the federal government. However, it is very rare for both courts to exercise their original jurisdictional powers.
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