<Li> By a certified question or proposition of law from one of the United States Courts of Appeals, meaning that the Court of Appeals requests the Supreme Court to instruct it on how to decide the case . This procedure was once common but is now rarely invoked; the last certificate accepted for review was in 1981 . </Li> <Li> By petition for an "extraordinary writ" such as mandamus, prohibition, or habeas corpus . These writs are rarely granted by the Supreme Court though they are more frequently granted by lower courts . </Li> <P> Certain cases that have not been considered by a lower court may be heard by the Supreme Court in the first instance under what is termed original jurisdiction . The Supreme Court's authority in this respect is also derived from Article III of the Constitution, which states that the Supreme Court shall have original jurisdiction "in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party ." The original jurisdiction of the Court is set forth in 28 U.S.C. § 1251 . This statute provides further that, in the case of disputes between two or more states, the Supreme Court holds both original and exclusive jurisdiction and no lower court may hear such cases . </P> <P> The number of original jurisdiction cases heard by the court is small; generally only one or two such cases are heard per term . Because the nine - member Supreme Court is not well - suited to conducting pretrial proceedings or trials, original jurisdiction cases accepted by the Court are typically referred to a well - qualified lawyer or lower - court judge to serve as special master, conduct the proceedings, and report recommendations to the Court . The Court then considers whether to accept the special master's report or whether to sustain any exceptions filed to the report . </P>

When does the supreme court use original jurisdiction