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Lower courts have original jurisdiction over nearly all legal actions commenced in the United States. You absolutely do expect trial court judges to exercise a
by AmericanChopper 7y ago
Lower courts have original jurisdiction over nearly all legal actions commenced in the United States. You absolutely do expect trial court judges to exercise a much greater level of discretion than appellate judges, regardless of whether it pertains to matters of law or fact.
However, none of that is to distract from the fact that, contrary to your misinterpretation of Article III, judicial powers do not bestow any legislative powers whatsoever.