ABSTRACT

The "original jurisdiction," an important legal concept, refers to the types of cases that may be argued initially before the US Supreme Court without being first taken to a lower court. The Judiciary Act of 1789 declared that the Supreme Court could take cases on appeal from the highest court in a state if a "federal question" was involved-that is, a case presented an issue under the federal Constitution or federal statutes. In addition to the constitutional provision, federal statute clarifies how the Supreme Court may employ original jurisdiction to hear cases involving ambassadors, public ministers, and consuls. The Court may invoke original jurisdiction when a case involves a dispute between the federal government and a state, although lower federal courts also may hear the case. The Supreme Court generally appoints a special master to gather the facts of the case before the justices decide the issue.