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The United States Federal District & Circuit Courts

This page: 

Structure and Jurisdictions of Courts, Constitutional duties & powers 




Left: Blind-fold symbolizes "Justice is blind" to individuals & treats all equally under the law; scale weighs facts objectively; sword - defense & punishment.


U.S. Judicial Branch - Federal Court System Overview

Basic Overview of U.S. Judicial Branch Structure - There is 1 Supreme Court, 94 district (trial) courts, 13 appellate courts throughout the country. (see details of the court's jurisdictions & powers below)

Article 3, Section 1 of U.S. Constitution

"Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour. .

 The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. 

District & Circuit Courts

U.S. Federal Court Systems

 


District Court

     

The District courts are the general trial courts of the federal court system. 


     Each district court has at least one United States District Judge, appointed by the President and confirmed by the Senate for a life term. 

District courts handle trials within the federal court system – both civil and criminal.


     The districts are the same as those for the U.S. Attorneys, and the U.S. Attorney is the primary prosecutor for the federal government in his or her respective area.


     District court judges are responsible for managing the court and supervising the court’s employees. They are able to continue to serve so long as they maintain “good behavior,” and they can be impeached and removed by Congress. 


                   There are over 670 district court judges nationwide.


     Some tasks of the district court are given to federal magistrate judges. 

Magistrates are appointed by the district court by a majority vote of the judges and serve for a term of eight years if full-time and four years if part-time, but they can be reappointed after completion of their term. 


     In criminal matters, magistrate judges may oversee certain cases, issue search warrants and arrest warrants, conduct initial hearings, set bail, decide certain motions (such as a motion to suppress evidence), and other similar actions. In civil cases, magistrates often handle a variety of issues such as pre-trial motions and discovery.


     Federal trial courts have also been established for a few subject-specific areas. 


            Each federal district also has: 

            a bankruptcy court for those proceedings. 

           Additionally, some courts have nationwide jurisdiction for issues such as 

           tax (United States Tax Court), claims against the federal government 

          (United States Court of Federal Claims), and 

          international trade (United States Court of International Trade).



Circuit Courts


     Once the federal district court has decided a case, the case can be appealed to a United States court of appeal. 


There are twelve federal circuits that divide the country into different regions. 

     

     The Fifth Circuit, for example, includes the states of Texas, Louisiana, and Mississippi. Cases from the district courts of those states are appealed to the United States Court of Appeals for the Fifth Circuit, which is headquartered in New Orleans, Louisiana. Additionally, the Federal Circuit Court of Appeals has a nationwide jurisdiction over very specific issues such as patents.


     Each circuit court has multiple judges, ranging from six on the First Circuit to twenty-nine on the Ninth Circuit. 


     Circuit court judges are appointed for life by the president and confirmed by the Senate.


    Any case may be appealed to the circuit court once the district court has finalized a decision (some issues can be appealed before a final decision by making an “interlocutory appeal”).   

        

Appeals to circuit courts are first heard by a panel, consisting of three circuit court judges. 


Parties file “briefs” to the court, arguing why the trial court’s decision should be “affirmed” or “reversed.” 


     After the briefs are filed, the court will schedule “oral argument” in which the lawyers come before the court to make their arguments and answer the judges’ questions.

     

     Though it is rare, the entire circuit court may consider certain appeals in a process called an “en banc hearing.” * (The Ninth Circuit has a different process for en banc than the rest of the circuits.)  En banc opinions tend to carry more weight and are usually decided only after a panel has first heard the case. 


     Once a panel has ruled on an issue and “published” the opinion, no future panel can overrule the previous decision.   The panel can, however, suggest that the circuit take up the case en banc to reconsider the first panel’s decision.


     Beyond the Federal Circuit, a few courts have been established to deal with appeals on specific subjects such as veterans claims (United States Court of Appeals for Veterans Claims) and military matters (United States Court of Appeals for the Armed Forces).


Source:  https://www.justice.gov/usao/justice-101/federal-courts 

 

VOCABULARY  

  • Writ of certiorari - written demand by a higher court to a lower court requesting lower-court submit all documents pertaining to a case for their review. 
  •  en banc "on the bench" entire court or quorum hear case.   

There are over 670 District Court Judges  and twelve federal circuits nationwide.

Common Law & The Role of a Judge

Common Law Tradition

"stare decisis" means stand by what has been decided - Judges often apply this Common Law practice in an effort to apply the law equally in analogous cases previously decided - not arbitrarily.

By using the similar former case as "case law" it can be applied to new cases under review.

* * *


 An Adversarial System - The litigation process in U.S. courts is referred to as an “adversarial” system because it relies on the litigants to present their dispute before a neutral fact-finder.  According to American legal tradition, inherited from the English common law, the clash of adversaries before the court is most likely to allow the jury or judge to determine the truth and resolve the dispute at hand. In some other legal systems, judges or other court officials investigate and assist the parties to find relevant evidence or obtain testimony from witnesses. 

In the United States, the work of collecting evidence and preparing to present it to the court is accomplished by the litigants and their attorneys, normally without assistance from the court.  Source:  understanding-federal-courts.pdf (uscourts.gov)  


Role of Judge is to Interpret the Law

The Constitution with Amendments is deemed "the law of the land" and cannot be changed from a judge's bench, but rather by the Legislative branch or States using the methods specified in the Constitution.


Justice is Blind

This term means that laws do not change depending on a particular person or group - Justice is applied equally to everyone under the law.  

    

 A judge is not to create or change a law, but to interpret the law as written (similar to a referee who wouldn't change a foul ball to a home run due to a personal preference toward the outcome.)


     Adjudication  -  Generally, a judge hears/processes disputes  misunderstandings or competing claims by parties - This includes: Which party has a right or duty, the details of their dispute, and what if any harm resulted in the situation at hand - and often the intent of the parties.

     When interpreting statutes judges often determine if statue created unintended consequences, errors and the like.

    

    

Code of Conduct for United States Judges

Canon 1: A Judge Should Uphold the Integrity and Independence of the Judiciary

 

An independent and honorable judiciary is indispensable to justice in our society. 


A judge should maintain and enforce high standards of conduct and 

should personally observe those standards, 

so that the integrity and independence of the judiciary may be preserved. The provisions   of this Code should be construed and applied to further that objective.


https://www.uscourts.gov/judges-judgeships/code-conduct-united-states-judges

Federal District & Circuit Courts 101

Federal Courts are Courts of "Limited Jurisdiction"

There are 94 district courts, 13 circuit courts, including one (1) Supreme Court throughout the country.


 The federal court system has three main levels:

1) District courts (the trial court),

 

2) Circuit courts which are the first level of appeal, and 


3) Supreme Court of the United States, the final level of appeal in the federal system. 


Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes.

Courts in the federal system work differently in many ways than state courts. 

The primary difference for civil cases (as opposed to criminal cases) is the types of cases that can be heard in the federal system. 


 

Find Federal Courts

"Original Jurisdiction" & "Diversity Jurisdiction"

 The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties, pursuant to  Article III, Section 2, Clause 1; 


This type of jurisdiction is called “original jurisdiction.” Sometimes, the jurisdiction of state courts will overlap with that of federal courts, meaning that some cases can be brought in both courts. 

The plaintiff has the initial choice of bringing the case in state or federal court. However, if the plaintiff chooses state court, the defendant may sometimes choose to “remove” to federal court.
 

Cases that are entirely based on state law may be brought in federal court under the court’s “diversity jurisdiction.” 


Diversity jurisdiction allows a plaintiff of one state to file a lawsuit in federal court when the defendant is located in a different state. The defendant can also seek to “remove” from state court for the same reason. To bring a state law claim in federal court, all of the plaintiffs must be located in different states than all of the defendants, and the “amount in controversy” must be more than $75,000. 

(Note: the rules for diversity jurisdiction are much more complicated than explained here.) 


Source:

  https://www.justice.gov/usao/justice-101/federal-courts 

More on Diversity Jurisdiction

Double Jeopardy Law Doesn't Always Apply

Double Jeopardy Law Doesn't Always Apply

Double Jeopardy Law Doesn't Always Apply

      Important to note, the principle of double jeopardy – which does not allow a defendant to be tried twice for the same charge – does not apply between the federal and state government.

     

If, for example, the state brings a murder charge and does not get a conviction, it is possible for the federal government in some cases to file charges against the defendant if the act is also illegal under federal law.


Criminal cases may not be brought under diversity jurisdiction. 

States may only bring criminal prosecutions in state courts, and the federal government may only bring criminal prosecutions in federal court. 


  https://www.justice.gov/usao/justice-101/federal-courts  

Double Jeopardy Law Doesn't Always Apply

Double Jeopardy Law Doesn't Always Apply

  Federal judges (and Supreme Court “justices”) are selected by the President and confirmed “with the advice and consent” of the Senate and “shall hold their Offices during good Behavior.”
   

 Judges may hold their position for the rest of their lives, but many resign or retire earlier.    

 One exception to the lifetime appointment is for magistrate judges, which are selected by district judges and serve a specified term.  

They may also be removed by impeachment by the House of Representatives and conviction by the Senate.      

Throughout history, fourteen (14) federal judges have been impeached due to alleged wrongdoing.  

 Source: https://www.justice.gov/usao/justice-101/federal-courts  

Civil & Criminal Cases - Jury Service

Go To USCourts.gov

Congress & the Courts: Landmark Legislation

Click on underlined text to read legislation

1869 - Established Supreme Court seats at nine justices

1869 - Established Supreme Court seats at nine justices

  


1787
Article III of the U.S. Constitution provided the outline of the judicial branch of government.

1789
The Judiciary Act of 1789 established a federal court system.

1801
The Judiciary Act of 1801 reorganized the federal judiciary and established the first circuit judgeships.

1802
The Judiciary Act of 1802 reorganized the federal courts following repeal of the 1801 act.

1807
Establishment of the Seventh Circuit and a seventh seat on the Supreme Court.

1837
Establishment of the Eighth and Ninth Circuits and additional seats on the Supreme Court.

1855
Establishment of a California Circuit.

1869 - Established Supreme Court seats at nine justices

1869 - Established Supreme Court seats at nine justices

1869 - Established Supreme Court seats at nine justices

  

1863
Establishment of a Tenth Circuit and a tenth seat on the Supreme Court.

1866
Reorganization of the judicial circuits and reduction in the size of the Supreme Court.

1869
Establishment of circuit judgeships and setting the number of the Supreme Court seats at nine.

1875
Authorization for the federal courts to exercise the full jurisdiction allowed under the Constitution.

1891
Establishment of the U.S. Circuit Courts of Appeals.

1911
Abolition of the U.S. Circuit Courts as part of the recodification of laws relating to the federal judiciary.

1922
Establishment of the Conference of Senior Circuit Judges (later the Judicial Conference of the United States).


1869 - Established Supreme Court seats at nine justices

  

 1925 

The Judges' Bill expanded the jurisdiction of the Courts of Appeals and allowed the Supreme Court to determine many of the cases it would hear.

1929 

Division of the Eighth Circuit and establishment of a Tenth Circuit.

1939 

Establishment of the Administrative Office of the U.S. Courts. 

1967
Establishment of the Federal Judicial Center.

1968
The Federal Magistrates Act.

1978
Establishment of U.S. Bankruptcy Courts.

1980
Division of the Fifth Circuit and establishment of an Eleventh Circuit.

1982
Establishment of the Federal Circuit.



https://www.fjc.gov/history/legislation/congress-and-courts-landmark-legislation 

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