Original Side vs. Appellate Side: Jurisdiction of Courts
Courts have two primary sides of jurisdiction: original and appellate. Each side has distinct functions and responsibilities within the judicial system.
Original Side
The original side refers to the jurisdiction of a court to hear a case for the first time, without it being appealed from a lower court. In the context of the Supreme Court of the United States, original jurisdiction cases are limited to disputes between states or disputes involving ambassadors and other high-ranking ministers.
Disputes Between States
The original side of the Supreme Court handles cases involving disputes between states, such as boundary disputes or disagreements over water rights. These disputes are often complex and involve significant legal and constitutional issues.
Disputes Involving High-Ranking Ministers
The original side also deals with cases involving disputes among ambassadors and other high-ranking ministers, both from the United States and foreign countries. These cases may involve issues of diplomatic immunity, international law, or the interpretation of treaties.
Appellate Side
The appellate side of a court refers to its authority to review decisions made by lower courts. Appellate courts do not retry cases or hear new evidence, but instead review the procedures and decisions of the trial court to ensure fairness and proper application of the law.
Right to Appeal
After a trial in a U.S. District Court, the losing side generally has the right to appeal to an appellate court if they have issues with the trial court proceedings, the application of the law, or how the law was applied. In criminal cases, the government does not have the right to appeal.
Grounds for Appeal
Common grounds for making an appeal include claims of unfair trial conduct, incorrect application of the law, or violation of constitutional rights. The dissatisfied side may argue that the trial judge applied the wrong law or applied the law incorrectly.
Appellant and Appellee
The side that seeks an appeal is called the appellant or petitioner, while the other side is known as the appellee or respondent. The appellant brings the petition to the appellate court, while the appellee responds to and argues against the petitioner’s case.
Appellate Arguments
Before oral arguments in court, each side submits a written argument called a brief to the appellate court. These briefs lay out the case for the judges and provide a basis for the oral arguments. Oral arguments allow each side’s attorney to present their case and answer questions posed by the judges.
Citations
- “About the U.S. Courts of Appeals.” United States Courts, https://www.uscourts.gov/about-federal-courts/court-role-and-structure/about-us-courts-appeals.
- “Supreme Court Procedures.” United States Courts, https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/supreme-1.
- “How Courts Work: Appeals.” American Bar Association, https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/appeals/.