BELLRINGER:

Chapter 8 / Section 2: How Federal Courts Are Organized

Did You Know ? The first circuit courts in the United States were actually on horseback. Congress divided the original 13 states into three districts. Beginning in 1790, judges called “circuit riders” traveled great distances to hear cases in their districts. Often lawyers traveled with them to help present the cases. One young lawyer from Illinois rode a circuit for many years. His name was ABRAHAM LINCOLN. The first circuit courts in the United States were actually on horseback. Congress divided the original 13 states into three districts. Beginning in 1790, judges called “circuit riders” traveled great distances to hear cases in their districts. Often lawyers traveled with them to help present the cases. One young lawyer from Illinois rode a circuit for many years. His name was ABRAHAM LINCOLN.

I. U.S. District Courts A. District courts are the federal courts where trials are held and lawsuits are begun. All states have at least one. A. District courts are the federal courts where trials are held and lawsuits are begun. All states have at least one. B. For all federal cases, district courts have original jurisdiction, the authority to hear the case for the first time. District courts hear both civil and criminal cases. They are the only federal courts that involve witnesses and juries. B. For all federal cases, district courts have original jurisdiction, the authority to hear the case for the first time. District courts hear both civil and criminal cases. They are the only federal courts that involve witnesses and juries.

II. U.S. Courts of Appeals A. People who lose in a district court often appeal to the next highest level – a U.S. court of appeals. Appeals courts review decisions made in lower district courts. This is appellate jurisdiction – the authority to hear a case appealed form a lower court. A. People who lose in a district court often appeal to the next highest level – a U.S. court of appeals. Appeals courts review decisions made in lower district courts. This is appellate jurisdiction – the authority to hear a case appealed form a lower court. B. Each of the 12 U.S. courts of appeals covers a particular geographic area called a circuit. A thirteenth appeals court, the Court of Appeals for the Federal Circuit, has nationwide jurisdiction. B. Each of the 12 U.S. courts of appeals covers a particular geographic area called a circuit. A thirteenth appeals court, the Court of Appeals for the Federal Circuit, has nationwide jurisdiction.

C. Appeals courts do not hold trials. Instead, a panel of judges reviews the case records and listens to arguments from lawyers on both sides. C. Appeals courts do not hold trials. Instead, a panel of judges reviews the case records and listens to arguments from lawyers on both sides. D. The judges may decide in one of three ways: uphold the original decision, reverse the decision, or remand the case – send it back to the lower court to be tried again. D. The judges may decide in one of three ways: uphold the original decision, reverse the decision, or remand the case – send it back to the lower court to be tried again.

E. Appeals courts do not decide guilt or innocence or which side should win a suit. They rule only on whether the original trial was fair and protected the person’s rights. Most appeals court decisions are final. A few cases are appealed to the Supreme Court. E. Appeals courts do not decide guilt or innocence or which side should win a suit. They rule only on whether the original trial was fair and protected the person’s rights. Most appeals court decisions are final. A few cases are appealed to the Supreme Court. F. One appellate judge writes an opinion that explains the legal thinking behind the court’s decision in the case. The opinion sets a precedent or model for other judges to follow in making their own decisions on similar cases. F. One appellate judge writes an opinion that explains the legal thinking behind the court’s decision in the case. The opinion sets a precedent or model for other judges to follow in making their own decisions on similar cases.

III. Federal Judges A. Each district court has at least 2 judges. Each appeals court has 6 to 27 judges. The Supreme Court has 9 justices. A. Each district court has at least 2 judges. Each appeals court has 6 to 27 judges. The Supreme Court has 9 justices. B. Presidents appoint federal judges, with Senate approval. They usually appoint judges who share their views. Because judges serve for life, presidents view their appointments as an opportunity to affect the country after they leave office. B. Presidents appoint federal judges, with Senate approval. They usually appoint judges who share their views. Because judges serve for life, presidents view their appointments as an opportunity to affect the country after they leave office.

C. As a senatorial courtesy, presidents submit their nominations for judge to the senators from the nominee’s state. If either senator objects, the president withdraws the name and nominates someone else. C. As a senatorial courtesy, presidents submit their nominations for judge to the senators from the nominee’s state. If either senator objects, the president withdraws the name and nominates someone else. D. Once appointed, a judge can be removed only through impeachment. D. Once appointed, a judge can be removed only through impeachment.

E. Each district court has magistrate judges who do much of the judge’s routine work. They hear preliminary evidence and determine whether the case should go to trial. They decide whether accused people should be in jail or released on bail. E. Each district court has magistrate judges who do much of the judge’s routine work. They hear preliminary evidence and determine whether the case should go to trial. They decide whether accused people should be in jail or released on bail. F. Every federal judicial district also has a U.S. attorney – a government lawyer who prosecutes people accused of breaking federal laws. U.S. attorneys look into the charges and present the evidence in court. They also represent the United States in civil cases involving the government. F. Every federal judicial district also has a U.S. attorney – a government lawyer who prosecutes people accused of breaking federal laws. U.S. attorneys look into the charges and present the evidence in court. They also represent the United States in civil cases involving the government.

G. Every federal judicial district also has a U.S. Marshal. Marshals make arrests, collect fines, and take convicted people to prison. They protect jurors, keep order in the court, and serve subpoenas ordering people to appear in court. G. Every federal judicial district also has a U.S. Marshal. Marshals make arrests, collect fines, and take convicted people to prison. They protect jurors, keep order in the court, and serve subpoenas ordering people to appear in court.

GROUP WORK: Discussion Question: Why did the writers of the Constitution decide to allow federal judges to keep their jobs for life? Why did the writers of the Constitution decide to allow federal judges to keep their jobs for life?

ANSWER: The writers gave federal judges this sort of job security because they wanted judges to be able to decide cases free from public or political pressures. Federal judges know that their jobs are safe even if they make unpopular decisions. The writers gave federal judges this sort of job security because they wanted judges to be able to decide cases free from public or political pressures. Federal judges know that their jobs are safe even if they make unpopular decisions.

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