How Federal Courts are Organized
U.S. District Courts Most federal cases are handled in one of the 94 district Courts. District Courts are where trials are held and lawsuits begin. Every state has at least 1 district court; AZ has 4.
U.S. District Courts District courts have original jurisdiction- the authority to hear a case for the first time. Dist. Cts. Determine the facts of a case. Trial cts for both criminal & civil. The only federal ct. where witnesses testify.
U.S. Courts of Appeals A large percent of people who lose their case at the lower level appeal their case to the next higher court the court of appeals. Job of the Appellate court is to review decisions made in the lower courts.
U.S. Courts of Appeals Appellate Jurisdiction is the term used for the court to hear a case appealed from the lower cts. Lawyers use appellate cts if: Law was applied incorrectly Used wrong procedure If new evidence is found They also review federal regulatory rulings.
U.S. Courts of Appeals There are 12 Courts of Appeals each covering a particular geographic area called a circuit. A thirteenth appeals court, appeals for the federal circuit, handles special cases such as patents, or international trade.
U.S. Courts of Appeals Making Decisions Judges do not decide guilt or innocence or fault in a civil suit. They rule on: If the trial was fair If rights were protected If errors were made in the trial.
U.S. Courts of Appeals Making Decisions A panel of 3-5 judges review the record of the case and listen to arguments from lawyers on both sides. Appeals are decided in 3 different ways.
U.S. Courts of Appeals Making Decisions Appeals are decided in 3 different ways. 1. Case is remanded or sent back to lower court for retrial. 2. Case is upheld or the panel agrees with the lower ct. decision. 3. Case is reversed or the ct. disagrees with the lower ct. decision.
U.S. Courts of Appeals Announcing Decisions. When a decision is made, one judge writes an opinions of the court. Opinions are of 3 kinds. Unanimous- all agree on the decision. Ascending- This is the opinion of the majority of the court. Descending- This is the opinion of the minority of the court. p6
U.S. Courts of Appeals Announcing Decisions. Unanimous and ascending opinions set Precedents or gives guidance to future decisions by offering a model to follow.
Federal Judges There are over 550 judges that are seated in the district courts. Each district has at least 2 judges. Each appeals court has 6 to 27 judges. Supreme Court has 9 judges.
Federal Judges Selection & Tenure of Judges Judges are appointed by the president with Senate confirmation. Judges then serve for life.
Federal Judges Selection & Tenure of Judges Presidents choose judges who belong to their party. When naming judges presidents usually follow what is called Senatorial Courtesy.
Federal Judges Selection & Tenure of Judges President submits judges to their home state senators for their OK before submitting them to the floor of the Senate for approval. If either Senator objects to the nominee, the president may cancel the nomination. This only applies to District Court judges.
Federal Judges Selection & Tenure of Judges These judges can only be removed through impeachment.
Federal Judges other court Officials These judges get help from other clerks, court reporters, probation officers and other workers. They have magistrate judges which take care of things like search warrants, arrest warrants, and court orders.
Federal Judges other court Officials Each federal district also has U.S. Attorneys and deputy U.S. Attorneys who handle prosecutions and the legal business of government. They are appointed to 4 year terms with the consent of the Senate.
Federal Judges other court Officials All U.S. Attorneys report to the Attorney General. Each federal judicial district has a United States Marshal and their staff. They serve warrants and make arrests, collect fines, and take people to federal prison.