HOW FEDERAL COURTS ARE ORGANIZED Chapter 8:2
The hierarchy of the court systems There is a hierarchy for the court system of the US. There is a hierarchy for the court system of the US. A. The First tier is: 94 district courts (Every state has at least one district court some have 2, 3, 4) A. The First tier is: 94 district courts (Every state has at least one district court some have 2, 3, 4) B. The Second tier is the Appeals courts. (US court of Appeals, circuit courts of appeals, or appellate courts.) B. The Second tier is the Appeals courts. (US court of Appeals, circuit courts of appeals, or appellate courts.) C. The highest level is the US Supreme Court. C. The highest level is the US Supreme Court.
Workings of Court System A. US district Courts: A. US district Courts: 1. Judges and juries 1. Judges and juries 2. has original jurisdiction. 2. has original jurisdiction. B. US Courts of Appeals B. US Courts of Appeals 1. Judges/no juries 1. Judges/no juries 2. Jurisdiction: Appellate 2. Jurisdiction: Appellate C. US Supreme Court C. US Supreme Court 1. Justices/No Jury 1. Justices/No Jury 2. Jurisdiction: Limited original jurisdiction and appellate jurisdiction. 2. Jurisdiction: Limited original jurisdiction and appellate jurisdiction.
US District Courts A. All federal cases must begin here. (original jurisdiction) A. All federal cases must begin here. (original jurisdiction) B. Determines facts of case. B. Determines facts of case. C. Trial courts for both criminal and civil federal cases. C. Trial courts for both criminal and civil federal cases. D. Only federal courts in which witnesses testify and juries hear cases and reach verdicts. D. Only federal courts in which witnesses testify and juries hear cases and reach verdicts.
US Court of Appeals A large percentage of people who lose their cases in a district court appeal to the next highest level. A large percentage of people who lose their cases in a district court appeal to the next highest level. A. Appeals courts’ job is to review decisions made in lower district courts. (Appellate jurisdiction) A. Appeals courts’ job is to review decisions made in lower district courts. (Appellate jurisdiction) B. Review federal regulatory agency rulings. B. Review federal regulatory agency rulings. C. There are 12 US courts of appeals. C. There are 12 US courts of appeals. 1. cover a particular geographic area. (circuit) 1. cover a particular geographic area. (circuit)
Number 13. There is a thirteenth appeals court, the Court of Appeals for the Federal court, the Court of Appeals for the Federal Circuit, has nation wide jurisdiction to hear special cases, such as those involving paten law or international trade. There is a thirteenth appeals court, the Court of Appeals for the Federal court, the Court of Appeals for the Federal Circuit, has nation wide jurisdiction to hear special cases, such as those involving paten law or international trade.
Appeals Courts Continued. 2. Do not hold trials 2. Do not hold trials 3. May decide an appeal in one of three ways. 3. May decide an appeal in one of three ways. a. uphold the original decision a. uphold the original decision b. reverse that decision b. reverse that decision c. remand the case (send it back to the lower court to be tried again) c. remand the case (send it back to the lower court to be tried again) D. When an appeals court makes a decision, one judge writes an opinion. 1. Offers detailed explanation of the legal thinking. 2. Sets a precedent.
Federal Judges A. There are 550 federal judges. B. Each district court has at least two judges. C. Each appeals court has from 6 to 27 judges. D. Supreme court has 9 justices.
Selection and Tenure of Judges A. According to Constitution the president appoints judges with the approval of Senate. A. According to Constitution the president appoints judges with the approval of Senate. B. There are no set qualifications for federal judges. B. There are no set qualifications for federal judges. C. Judges are appointed for life. Unless they are impeached. C. Judges are appointed for life. Unless they are impeached.
Other court officials A. Clerks, secretaries, court reporters, probation officers. A. Clerks, secretaries, court reporters, probation officers. B. Each district court has magistrates judges. B. Each district court has magistrates judges. 1. Issue court orders, search warrants 1. Issue court orders, search warrants 2. they hear evidence in a case to determine whether the case should be brought to trial. 2. they hear evidence in a case to determine whether the case should be brought to trial. 3. Set bail. 3. Set bail. 4. hear minor cases. 4. hear minor cases.
Other Court Officials C. Each district has a United States Attorney General C. Each district has a United States Attorney General 1. Appointed for 4 year term by president. 1. Appointed for 4 year term by president. 2. Answers to the Attorney General of the US. 2. Answers to the Attorney General of the US. D. US Marshals: makes arrests, collect fines, and take convicted persons to prison, protect jurors, and serve legal papers. President appoints them. D. US Marshals: makes arrests, collect fines, and take convicted persons to prison, protect jurors, and serve legal papers. President appoints them.