Identify which of the following types of cases the california supreme court is required to hear.

Definition

A court's power to hear and decide a case before any appellate review.  A trial court must necessarily have original jurisdiction over the types of cases it hears.

Overview

Nearly all of the cases considered by the U.S. Supreme Court come to it from other courts (Federal or state) on appeal -- or more accurately via petitions for a "writ of certiorari." However, under the U.S. Constitution (Article III, Section 2), the Supreme Court has "original jurisdiction" over several small but important categories of cases. That means, quite literally, that the parties can bring such disputes directly to the Supreme Court. However, the Supreme Court still has the discretion regarding whether or it will hear these cases. 

The original jurisdiction of the Court is laid out by statute in 28 U.S.C. § 1251. Section 1251(a) provides that with one type of dispute (disputes between states), the Court's jurisdiction is not only "original," it is exclusive. In other words, if the parties cannot settle the matter, no other court but the Supreme Court has authority, under the Constitution, to take jurisdiction.

Rule 17 of the Supreme Court Rules governs actions based on the Court's original jurisdiction.

Relatively few original jurisdiction cases come to the Court. In recent times there have been one or two a year. The Court's practice in these cases is to appoint a "Master" to hear the evidence, determine facts, and recommend a decision. This allows the Court to deal with the dispute very much like it does with those that come to it on appeal, for it puts the Court in the posture of reviewing the Master's findings and recommendations in the light of legal arguments made by the opposing parties.

Typically, the disputes between states coming to the Court involve conflicting property claims. Two recent examples include Louisiana v. Mississippi (decided in October 1995) and Nebraska v. Wyoming (decided in May 1995).

When the Supreme Court has decided to exercise its original jurisdiction powers, the Court has typically chosen to make ad hoc decisions based on the individual case at hand, rather than making any broader ruling related to the original jurisdiction doctrine. This decision-making allows for greater decision-making flexibility, but it fails to illuminate how the Court will treat future cases which assert the original jurisdiction doctrine. 

Further Reading

For more on original jurisdiction, see this California Law Review article and this SCOTUSBlog article. 

Courts are required to follow the decisions of higher courts in the same jurisdiction.  Accordingly, cases which are both (1) from a higher court, and (2) in the same jurisdiction are considered mandatory authority.

All courts, federal and state, are bound by the decisions of the U.S. Supreme Court on U.S. Constitutional and other issues of federal law.

In the federal courts, circuit courts tend to follow decisions previously issued within that circuit.  Moreover, each district court falls under the jurisdiction of a circuit court, and the opinions of that circuit court will be binding on that district court.  For example, the 9th Circuit is the federal circuit court for California, and the Central District of California is the federal district court for Los Angeles.  Accordingly, 9th Circuit opinions are binding in the Central District of California.

State courts are typically bound by the decisions issued by the higher courts in that state.  For example, California trial courts are bound by the opinions issued by the California courts of appeals and the California Supreme Court.  However, California courts are not bound by the decisions of other state courts, such as Arizona.

Finally, it should also be noted that state court decisions typically control on substantive issues of state law.  You may have a federal court case with a state law issue.  For the substance of the state law issue, decisions of the state supreme court would be binding, even though you are in federal court.  Decisions of the state court of appeals may also be useful, but the federal courts might treat that as persuasive authority.

Main content

Federal judges work to ensure equal justice under the law. Learn about the different kinds of federal judges and the cases they hear.

Article III Judges

Article III of the Constitution governs the appointment, tenure, and payment of Supreme Court justices, and federal circuit and district judges. These judges, often referred to as “Article III judges,” are nominated by the president and confirmed by the U.S. Senate.

Article III states that these judges “hold their office during good behavior,” which means they have a lifetime appointment, except under very limited circumstances. Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate. Article III judgeships are created by legislation enacted by Congress. Track authorized judgeships from 1789 to present.

The Constitution also provides that judges’ salaries cannot be reduced while they are in office. Article III judicial salaries are not affected by geography or length of tenure.

Supreme Court Justices

The nine justices of the U.S. Supreme Court are nominated by the president and confirmed by the U.S. Senate. They hear cases and controversies arising under the Constitution or U.S. law and controversies that involve the United States as a party of entities and parties of different states, that are appealed from federal courts or state courts.

Learn more about Supreme Court justices.

Court of Appeals Judges

Court of Appeals judges, also known as circuit judges, sit in one of the 12 regional circuits across the United States, or the Federal Circuit. They usually sit in a panel of three judges and determine whether or not the law was applied correctly in the district court, also known as trial court, as well as appeals from decisions of federal administrative agencies and some original proceedings filed directly with the courts of appeals.

Learn more about the court of appeals from the following resources:

• Appellate Cases

District Court Judges

District court judges sit in one of 94 district or trial courts across the United States. They handle civil and criminal cases. A district court judge typically is responsible for supervising the pretrial process and conducting trials, which includes a variety of procedures including:

• managing the selection of juries and the instructions jurors receive throughout a trial;
• ruling on admission of evidence;
• pleas in criminal cases;
• resolving any issues surrounding the acceptance of the verdict and entry of judgment; and
• sentencing the defendant if a trial results in conviction.

Learn more about district courts from the following resources:

• Civil Cases
• Criminal Cases
• Federal Judicial Center U.S. District Court History and Information 

Learn more about appellate court and district court judgeships, which are created by legislation enacted by Congress.

Senior Judges

Article III judges who have met age and service requirements set by federal statute are eligible to take senior status if they are at least 65 years old and have served at least 15 years on the bench, or any combination of age and years of service thereafter that equals 80. Regardless of age, judges must serve at least 10 years to qualify for senior status.

Upon taking senior status, judges may choose to handle a reduced caseload. Senior judges handle about 20 percent of the total district and appellate caseload. By taking senior status, even if maintaining a full caseload, a judge creates a vacancy on the court, to be filled by the nomination and confirmation process for Article III judges.

Senior judges receive the salary of their position at the time of taking senior status as an annuity. 

Because there is no mandatory retirement age for Article III judges, there is no requirement that they take senior status. 

Other Types of Judges

There are other types of judges and judicial offers preside over certain kinds of cases, matters, and proceedings.

Magistrate Judges

Magistrate judges are judicial officers of the U.S. district court appointed by the district judges of the court to handle a variety of judicial proceedings.

They have authority to issue warrants, conduct preliminary proceedings in criminal cases, such as initial appearances and arraignments, and hear cases involving petty offenses committed on federal lands. In most districts, magistrate judges handle pretrial motions and hearings in civil and criminal cases. While most civil cases are tried by district judges, magistrate judges may also preside over civil trials if all parties consent.

Like other federal judges, all full-time magistrate judges are paid the same salary, regardless of where they serve or their years of service.

The position and authority of magistrate judges was established in 1968. By federal law, magistrate judges must meet specified eligibility criteria, including at least five years as a member in good standing of a state or territory’s highest court bar. They must also be vetted by a merit selection panel that consists of lawyers and non-lawyers from the community. By majority vote of the U.S. district judges of the court, magistrate judges are appointed for a renewable term of eight years. In addition, there are a small number of part-time magistrate judges who serve four-year terms.

The number and location of magistrated judges is determined by the Judicial Conference of the United States.

Learn more about magistrate judges from the following resources:

• A Guide to the Legislative History of the Federal Magistrate Judges System (pdf)
• Inventory of United States Magistrate Judge Duties (pdf)
• Federal Judicial Center Information on Magistrate Judgeships

Bankruptcy Judges

Bankruptcy judges are judicial officers of the district court who preside exclusively over bankruptcy proceedings and cases.

Bankruptcy judges receive the same annual salary, no matter where they serve or how many years of service.

They are appointed to renewable 14-year terms by a majority of the judges of the U.S. Court of Appeals for their circuit with assistance from the circuit council.

The bankruptcy judge position was established in 1978, and the appointment process is set by Judicial Conference policy, in accordance with the Bankruptcy Amendments and Federal Judgeship Act of 1984. Bankruptcy judges must meet eligibility criteria, including being a member of the bar in good standing. Circuit councils may appoint a merit selection panel, consisting of judges and other legal professionals, to review and recommend candidates for appointment.  

Bankruptcy judgeships are created pursuant to legislation enacted by Congress. Learn more about the history of bankruptcy judges from the following resources:

• Federal Judicial Center Information on Bankruptcy Judges

Recalled Judges

Similar to senior status Article III judges, bankruptcy and magistrate judges may continue to provide judicial assistance after they have retired. Generally, recalled judges exercise all the powers and duties that they had as an active judge. Circuit councils determine whether there is a substantial need for recall services from bankruptcy and magistrate judges based on court workload. In addition, recall requests that seek staffing or that cost more than a certain amount in additional salary and travel expenses must be approved by a Judicial Conference committee. Retired bankruptcy and magistrate judges are appointed for recall service for a specific period of time but no more than three years, which may be renewed.

Visiting Judges

Visiting judges who may sit by designation and assignment in any other federal court having a need for their service. They provide temporary assistance not only when a court’s own judges must disqualify themselves, but also to help meet the caseload needs arising from vacancies, lack of sufficient judgeships, specific emergencies, and other workload imbalances.

Judges sitting with another court within their circuit are on an intracircuit assignment, which is approved by the circuit chief judge. Judges sitting with a court outside of their home circuit are on an intercircuit assignment. For Article III judges, intercircuit assignments must be approved by the Chief Justice of the U.S. Supreme Court. Temporary assignments for bankruptcy and magistrate judges are coordinated by chief judges of the courts and circuits.

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Which of the following types of cases does the Supreme Court have original jurisdiction quizlet?