Difference Between Original and Appellate Jurisdiction

Jurisdiction

• Definition: The power of a court to hear and decide a particular type of case.
• Applies to both state and federal courts.

Types of Jurisdiction

1. Original Jurisdiction

   • Court's power to hear and decide a case first.
   • Generally associated with trial courts.
   • Applies to both criminal and civil cases.
   • Features of courts with original jurisdiction:
     • Typically involves a jury (though a judge-alone decision is possible).
     • Presentation of evidence, witnesses, and testimonies.
     • Decisions are made based on facts of the case.

2. Appellate Jurisdiction

   • Courts that do not conduct trials but review decisions from lower courts.
   • Focuses on legal aspects rather than facts.
   • Key considerations:
     • Evaluation of whether decisions at the trial level violated the state or federal constitution.
     • No juries or witnesses involved as no trial is conducted.
     • A record from the lower court is reviewed.
     • Arguments are presented by attorneys from both sides.
     • Decisions are made collectively by a panel of judges.
     • Decisions are determined by majority vote.

Comparison

• Original Jurisdiction:
  • First hearing of the case.
  • Fact-focused.
  • Involves jury and presentation of evidence.
  • Decision by one judge.
• Appellate Jurisdiction:
  • Reviews legalities of lower court’s decision.
  • No new trials, witnesses, or evidence.
  • Decision by a panel of judges.
  • Majority decision rules.

Application

• Understand the structure and function of state courts to identify which courts possess original jurisdiction and which possess appellate jurisdiction.