A certificate of division was a source of appellate jurisdiction from the circuit courts to the Supreme Court of the United States from 1802 to 1911. Created by the Judiciary Act of 1802, the certification procedure was available only where the circuit court sat with a full panel of two: both the resident district judge and the circuit-riding Supreme Court justice. As Chief Justice John Marshall wrote, he did not have "the privilege of dividing the court when alone."
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| - Certificate of division (en)
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| - A certificate of division was a source of appellate jurisdiction from the circuit courts to the Supreme Court of the United States from 1802 to 1911. Created by the Judiciary Act of 1802, the certification procedure was available only where the circuit court sat with a full panel of two: both the resident district judge and the circuit-riding Supreme Court justice. As Chief Justice John Marshall wrote, he did not have "the privilege of dividing the court when alone." (en)
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| - A certificate of division was a source of appellate jurisdiction from the circuit courts to the Supreme Court of the United States from 1802 to 1911. Created by the Judiciary Act of 1802, the certification procedure was available only where the circuit court sat with a full panel of two: both the resident district judge and the circuit-riding Supreme Court justice. As Chief Justice John Marshall wrote, he did not have "the privilege of dividing the court when alone." The certificate of division procedure had unique features. Unlike writ of error and certiorari jurisdiction, the certificate of division procedure did not require a federal question. In criminal cases, the certificate of division was the only source of appellate jurisdiction from the circuit courts (save ) until 1889. In civil cases, although ordinary writs of error were authorized, the certificate of division remained important because it permitted appeals without regard to the amount in controversy and interlocutory appeals. Inasmuch as the certificate of division permitted the Supreme Court some measure of control over its docket, it is a precursor to modern certiorari jurisdiction. With regards to criminal cases, the Supreme Court held (in 1896) that Judiciary Act of 1891 operated as an implied repeal of the authorization to hear cases on certificates of division. But, the Court retained its authority hear civil cases via certificates of division until the abolition of the circuit courts by the Judicial Code of 1911. A different, and rarely used, certified question procedure was adopted in 1925 and is currently codified at 28 U.S.C. ยง 1254(2). (en)
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of | - List of certificates of division in criminal cases
- List of criminal cases in the Marshall Court
- List of United States Supreme Court cases, volume 10
- List of United States Supreme Court cases, volume 11
- List of United States Supreme Court cases, volume 12
- List of United States Supreme Court cases, volume 13
- List of United States Supreme Court cases, volume 14
- List of United States Supreme Court cases, volume 15
- List of United States Supreme Court cases, volume 154
- List of United States Supreme Court cases, volume 155
- List of United States Supreme Court cases, volume 156
- List of United States Supreme Court cases, volume 157
- List of United States Supreme Court cases, volume 158
- List of United States Supreme Court cases, volume 159
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