what three type of cases can a high court hear in appellate jurisdiction
Answers
Federal courts can have either original jurisdiction or appellate jurisdiction. Some courts have both types of jurisdiction. This lesson explains the difference between original jurisdiction and appellate jurisdiction in the federal court system.
Jurisdiction
When we talk about courts, we often discuss a court's jurisdiction. Jurisdiction simply means the court has the legal authority to hear that type of case. All federal courts have a limited jurisdiction. This means the federal courts are limited to hearing only those cases authorized by the United States Constitution. Other cases are left to the appropriate state court system.
For example, let's examine the well-known U.S. Supreme Court case of Gideon v. Wainwright. In 1962, Clarence Earl Gideon was charged with breaking into and entering a pool hall. This burglary charge was a felony under state law and not typically governed by the federal courts. Gideon was charged and convicted in Florida state court and sentenced to five years in prison.
Federal Court Structure
Let's take a look at the structure of the federal court system before we consider the progression of Gideon's case. Both the state court system and the federal court system have three tiers, or levels. In the federal court system, the bottom level is made up of the district courts. These are lower federal courts and are also known as trial courts. If Gideon's burglary charge had been a federal law violation, then Gideon's trial would have been held in one of these trial courts.
Cases appealed from the district courts are heard in the middle level, or the circuit courts. These are the federal courts of appeal.
Cases appealed from the circuit courts can be heard in the United States Supreme Court. The Supreme Court is constitutionally established as 'the highest court in the land.'
Though Gideon's case was a state court case, it somehow ended up at the top of the federal court system, in the U.S. Supreme Court. Let's see why.
Original Jurisdiction
The federal courts can have either original jurisdiction or appellate jurisdiction over a case. Let's first examine original jurisdiction. This means the court has the right to hear the case first. The federal court system did not have original jurisdiction over Gideon's case because his case concerned a state law.
The federal district courts have original jurisdiction over all cases that involve federal law. Note that these courts can also exercise original jurisdiction over cases that involve diversity jurisdiction. Diversity jurisdiction occurs when the parties are citizens of two different states, or one party is a U.S. citizen and the other is a citizen of a foreign country. A diversity plaintiff may choose to bring the case in federal district court, though state law may be used to decide the case.
Besides federal district courts, other courts with original jurisdiction include:
State trial courts
Traffic courts
Family courts
Juvenile courts
Bankruptcy courts
Tax courts
And the United States Supreme Court
These are examples of various courts where cases can originate, or first be presented. But wait a minute! We don't typically think of the U.S. Supreme Court as having original jurisdiction. However, the U.S. Constitution grants original jurisdiction for the Supreme Court to hear cases involving ambassadors, cases between two states, or cases where a citizen sues his or her state.
Answer:
In appellate jurisdiction, High court can hear two types of cases that are Civil and Criminal
Explanation:
High court can hear two types of cases in appellate jurisdiction: 1. Civil and 2. Criminal. As far as civil cases are concerned, High court's jurisdiction extends to cases heard by District judges while in criminal cases, its ‘jurisdiction’ extends to Sessions judges including additional session judges.
In short, High court can hear all cases in appellate jurisdiction under the State laws. Its jurisdiction may vary with the discretion of Parliament and the State legislature.