Types of Judicial Powers

Judicial powers can fall into several different categories. Here are some examples of judicial
powers:
Original Jurisdiction: This is when a court is first hearing a case. This court is then said to
have original jurisdiction.
Appellate Jurisdiction: This is when a case has been appealed (the original decision
questioned) and another court hears the case.
Redress: This term refers to dealing with damages and relief.
Diversity Jurisdiction: The ability of federal courts to hear cases involving people from
different states.
Subject Matter Jurisdiction: Federal courts have jurisdiction of cases involving federal
law.
Judicial powers are subject to certain limited constraints including:
Precedent: Precedent is based on findings and law from prior cases. Lower courts must
follow precedent set by higher courts. For example, if the U.S. Supreme Court says that
the constitution protects abortion in Roe v. Wade, all lower courts must abide by that
ruling.
Stare Decisis: This means "Stand on the Decision." This refers to the concept that courts
should rely on precedent rather than changing law.
Courts are allowed to exercise judicial power in order to change or nullify laws that are not in
line with others (such as state laws vs. federal laws or international laws) or if laws are not in line
with the constitution. The Supreme Court is always considered the highest court in the United
States of America. It is up to the Supreme Court to be able to sufficiently and effectively
interpret constitutional law in the United States.
Using Judical Powers
Judicial power can be used in many ways including these examples of judicial power:
A judge hears an insurance fraud case. Based on precedent determined in a previous case
in another court, the judge finds the defendant guilty.
A homicide case is in court. It is the first time it is being heard, so the judge has original
jurisdiction over the case and sentencing.
A robbery case is being heard in an appellate court. The judge has the power to review
previous information about the case from original jurisdiction.
A drunk driver receives a specific sentence as a result of precedent.
A case involving damages of $75,000 is heard by a federal court as a result of diversity
jurisdiction.
A judge decides that the consequences for manslaughter are too penal in a given case, and
changes the precedent by lowering the minimum sentence.
A judge determines that a precedent law is unconstitutional and finds a defendant not
guilty as a result.
A judge rules in such a way that is not in line with precedent regarding state gun laws,
thereby changing precedent.
A judge rules in favor of a defendant despite the indisputable drug charges against him
based on the intent to change drug regulations.
A judge delivers an extremely harsh sentence beyond the typical range to a defendant
found guilty of assault in order to send a message to others and attempts to increase jail
time to bring about change in the district.
A judge overturns another judge's decision in appellate court.
The federal government chooses to take jurisdiction over a state case because it involves
federal law.
The federal government chooses not to hear a case by those from different states because
it is a case under $50,000.
The Supreme Court has the greatest power because it is not bound by any higher court's
precedent. While the Supreme Court of the U.S. should, and does, respect decisions made by
prior cases they have heard, the Supreme Court can change precedent within the bounds of the
Constitution.
Jurisdiction (from the Latin ius, iuris meaning "law" and dicere meaning "to speak") is the
practical authority granted to a formally constituted legal body or to a political leader to deal
with and make pronouncements on legal matters and, by implication, to administer justice within
a defined area of responsibility. The term is also used to denote the geographical area or subject-
matter to which such authority applies. Areas of jurisdiction apply to local, state, and federal
levels.
Jurisdiction draws its substance from public international law, conflict of laws, constitutional law
and the powers of the executive and legislative branches of government to allocate resources to
best serve the needs of its native society.