Judicial Branch Notes

US District Courts The United States district courts are the trial courts of the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters. Every day hundreds of people across the nation are selected for jury duty and help decide some of these cases. There are 94 federal judicial districts, including at least one district in each state, the District of Columbia and Puerto Rico. Three territories of the United States -- the Virgin Islands, Guam, and the Northern Mariana Islands -- have district courts that hear federal cases, including bankruptcy cases.

US District Courts Bankruptcy courts are separate units of the district courts. Federal courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a state court.

US Court of Appeals The 94 U.S. judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. A court of appeals hears appeals from the district courts located within its circuit, as well as appeals from decisions of federal administrative agencies.

District Courts of the US

US Supreme Court The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices. At its discretion, and within certain guidelines established by Congress, the Supreme Court each year hears a limited number of the cases it is asked to decide. Those cases may begin in the federal or state courts, and they usually involve important questions about the Constitution or federal law.

Jurisdiction and Venue The plaintiff's lawyer must decide where to file the case. A court has no authority to decide a case unless it has jurisdiction over the person or property involved. To have jurisdiction, a court must have authority over the subject matter of the case and -the court must be able to exercise control over the defendant -or the property involved must be located in the area under the court's control

Jurisdiction and Venue Other actions - such as foreclosing on a piece of property - are local. They can be brought only in the county where the subject of the suit is located. Venue refers to the county or district within a state or the U.S. where the lawsuit is to be tried. The venue of a lawsuit is set by statute, but it can sometimes be changed to another county or district.

Officers of the Court The judge presides in the courtroom. If a case is tried before a jury, the judge rules on points of law and gives instructions to the jury, informing the jury about the law that governs the case. (The jury determines the facts based on the evidence presented.) If there is no jury, the judge determines the facts and decides the verdict - e.g., finding of guilty or not guilty in a criminal case, or a finding for or against the plaintiff in a civil trial. The court clerk or bailiff usually administers the oath to prospective jurors and to witnesses. The clerk is also in charge of physical exhibits introduced into evidence and is responsible for other administrative aspects of a trial.

Officers of the Court The bailiff keeps order in the courtroom, calls the witnesses and is in charge of the jury, as directed by the judge. It is the bailiff's duty to be certain no one attempts to influence the jury. The court reporter records verbatim (word for word) everything that is said as part of the formal proceedings in the courtroom, including • the testimony of the witnesses, • objections made by the lawyers, and • the judge's rulings on those objections.

Officers of the Court The lawyers for both sides are also officers of the court. Their job is to represent their clients zealously, within the formal rules of the Code of Professional Conduct.

Civil and Criminal Cases Civil cases involve conflicts between people or institutions such as businesses. A civil case usually begins when a person or organization determines that a problem can’t be solved without the intervention of the courts. In civil cases, one (or more) of these persons or organizations brings suit (i.e., files a complaint in court that begins a lawsuit). Criminal cases involve enforcing public codes of behavior as embodied in the laws, with the government prosecuting individuals or institutions.

Civil and Criminal Cases What types of cases are civil? Divorce and related lawsuits (child support, custody, and the like) account for a very large number of civil cases. Cases involving contracts are also frequent. Automobile collisions account for many tort (personal injury) cases, another common kind of civil case. An auto collision gives rise to a civil case if one driver sues the other, or if a passenger in one of the cars sues either driver. An auto collision might also lead to a criminal case, if it involves allegations of a crime such as drunken driving or leaving the scene of an accident.

Pre Trial for Civil Cases Suits begin with the filing of a complaint in the proper court. The person filing the suit is often referred to as the plaintiff; the person or entity against whom the case is filed is often referred to as the defendant. In some areas of law, such as domestic relations, the person filing the complaint is the petitioner, and the person against whom the case is filed is the respondent. The complaint states the plaintiff's version of the facts, the legal theory under which the case is brought (negligence, for example), and asks for certain damages or other relief. The plaintiff also files with the court clerk a request that a summons (or notice) be issued to the defendant. In many jurisdictions, the summons will be served by a deputy sheriff or special process server. In other jurisdictions, it may be served by mail. It notifies the defendant that a lawsuit has been filed against him or her. After being notified, the defendant has a certain period of time to file an answer admitting or denying the allegations made in the complaint.

Pre-Trial for Criminal Cases The most serious crimes are felonies, crimes such as robbery, assault with a deadly weapon, and sexual assault, for which the punishment on conviction is imprisonment at least a year, usually in a state or federal penitentiary. Misdemeanors are less serious crimes, such as simple assault, driving while intoxicated, and trespassing, for which punishment on conviction could be a term of incarceration of less than a year, usually in a local jail. Traffic infractions and petty misdemeanors include minor moving violations, parking violations and littering. They’re usually just punished by fines.

Sentencing If the defendant is convicted in a criminal case, the judge will set a date for sentencing. Before that time, a pre-sentence investigation will take place to help the judge determine the appropriate sentence from the range of possible sentences set out in the statutes. The pre-sentence investigation may consider the defendant's prior criminal record, family situation, health, work record, and any other relevant factor. In most states and in the federal courts, only the judge determines the sentence to be imposed. (The main exception is that in most states juries impose sentence in cases where the death penalty is a possibility.) The federal courts and some states have sentencing guidelines to guide judges in determining appropriate sentences and to encourage uniformity.