Explore BrainMass

Explore BrainMass

    Subject Matter Jurisdiction of the U. S. Supreme Court

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    Describe the original and appellate subject matter jurisdiction of the U.S. Supreme Court?

    © BrainMass Inc. brainmass.com October 10, 2019, 1:40 am ad1c9bdddf

    Solution Preview

    Definition of Subject Matter: "Subject matter is the cause, the object, the thing in dispute.
    The authority of a court to decide a particular type of case is called subject- matter jurisdiction and is is set by the federal or state Constitution, or by state statutes."
    Citation: http://www.lectlaw.com/def2/s188.htm

    The subject matter jurisdiction of the U.S. Supreme Court is bestowed by the U. S. Constitution and Congress which was codified in 28 U.S.C. Part IV, Section 81. The Supreme Court has both original and appellate subject matter jurisdiction.

    The exclusive subject matter jurisdiction that the Supreme Court has are disputes between two or more states. No lower federal courts have subject matter jurisdiction over controversies between two or more states. [Section 1251(a)]

    On the other hand, the Supreme Court shall have original but not exclusive jurisdiction over controversies involving the following parties: [Section 1251(b)]

    ambassadors, other public ministers, consuls, or vice consuls from foreign governments;
    United States (Federal government) and any state;
    States against citizens of another state or against aliens;

    This basically means, for example, that Federal district courts or Federal Administrative Courts (Executive Office of Immigration Review) the, can have original jurisdiction over cases involving deportation of aliens.

    The Supreme Court's appellate subject matter are the following:

    interlocutory or permanent injunctions in civil actions, suits or proceedings required by any Act of Congress after the case was heard by a federal court of appeals (there are nine federal circuit court of appeals); the statute refers to them as the "three judge courts" because this is the number of judges that seat in the panel that reviews appeal cases in their circuits; (Section 1253)

    Note: Interlocutory Injunctions are injunctions issued during a trial to maintain the status quo or preserve the subject matter of the litigation until the trial is over.

    Section 1257. Final judgments or decrees made by the state supreme courts over the following subject matters:

    --- where the validity of a treaty or statute of the United States is questioned;
    --- over a controversy of a state statute that raises an issue over violations of the U.S. Constitution, ...

    Solution Summary

    A 9,159 word outline describing the original and appellate subject matter jurisdiction of the U. S. Supreme Court citing sections of 28 U.S.C. Part IV, Section 81.