Original Jurisdiction is the jurisdiction exercised by the court that initially hears a lawsuit. As a court of first instance, this tribunal must conduct a trial or similar proceeding in order to determine the facts in the dispute and then settle the case by applying the law to those factual findings. Congress created the U.S. district courts as the primary courts of original jurisdiction for the federal judiciary.

Article III of the Constitution confers original jurisdiction on the U.S. Supreme Court over cases involving ambassadors and suits involving states as parties. This grant, however, does not preclude Congress from granting concurrent original jurisdiction to other courts. Recognizing that the Supreme Court is better suited to exercise appellate review than to conduct trials, Congress has granted concurrent original jurisdiction to the federal district courts in all controversies except those between states. While the Supreme Court has not abdicated its original jurisdiction, the justices clearly support statutes that authorize cases to be heard first by the federal trial courts. Consequently, the Supreme Court hears very few original jurisdiction cases, with most involving a state suing another state over contested borders. When such cases are filed, the justices normally appoint a special master (frequently a former judge) to determine the facts and recommend an outcome. The Court then treats the report of the special master in much the same way as an appealed lower court ruling and issues a final opinion accepting, modifying, or rejecting the recommendations.

See also Judicial Power and Jurisdiction; Lower Federal Courts.

Thomas G. Walker

ORIGINAL JURISDICTION

The authority of a tribunal to entertain a lawsuit, try it, and set forth a judgment on the law and facts.

Original jurisdiction is distinguishable from appellate jurisdiction, which is the power of a court to hear and enter judgment upon a case brought for review. For example, the U.S. Supreme Court's caseload consists almost entirely appellate cases from the circuit courts of appeal. When two or more states are locked in a dispute, however, the Supreme Court has original jurisdiction to gather and hear evidence much like a trial court. The Court appoints a special master to hear the evidence and prepare factual findings. It then hears oral arguments and issues a decision as it does in appellate jurisdiction cases. Because it is the highest court in the United States, the Supreme Court's decision in original jurisdiction cases is final, with no right of appeal. An example of such a case is New Jersey v. New York, 523 U.S. 767, 118 S. Ct. 1726, 140 L. Ed. 2d 993 (1998), in which the Supreme Court took evidence and determined which state had claim to Ellis Island.