8.2 How Federal Courts Are Organized

US District Courts• District Courts= federal courts where trials are

held and lawsuits begin; 94 district courts in all• Every state has at least one district, all federal

cases begin there; they determine facts of a case and hear both criminal and civil federal cases

US District Courts• Original Jurisdiction=

the authority to hear cases for the first time

• District courts are the only federal courts where witnesses testify and juries hear cases and reach verdicts

US Courts of Appeals• Appeals Courts review

decisions made in lower district courts

• Appellate Jurisdiction= the authority of a court to hear a case appealed from a lower court

US Courts of Appeals• Lawyers appeal when they think the judge in

their case applied the law incorrectly, used the wrong procedures, or if new evidence turns up

US Courts of Appeals• There are 12 US courts of appeals, each covers

a particular geographic area called a circuit

US Courts of Appeals• There is a 13th appeals court, the Court of Appeals

for the Federal Circuit which has nationwide jurisdiction and hears special cases such as ones involving patent law or international trade; its headquarters is in Washington, D.C.

Making a Decision• Appeals courts do not hold trials, they may

decide cases in 3 ways:1. Uphold the original decision2. Reverse the decision2. Remand the case and have it sent back to be

tried again

Making a Decision• A panel of 3 or more judges reviews the case

and listens to arguments from each side, they meet and make a decision by majority vote

Making a Decision• They do not decide guilt

or innocence or who wins in a lawsuit, they only rule whether the defendant’s rights were protected and whether they received a fair trial

• Most decisions are final but some cases may appeal to the US Supreme Court

Announcing the Decision• When an appeals

court makes a decision, one judge writes an opinion for the court; this offers a detailed explanation of the legal thinking behind the decision

Announcing the Decision• The opinion sets a precedent for all courts in the

district; it gives guidance to judges by offering a model to base their decisions on similar cases

• Precedents do not have the force of law but it is a very powerful argument to use in court, judges usually follow them in nearly all cases

Early Precedents• Neither any federal court nor the Supreme

Court may initiate action; a judge or justice may not seek out an issue and bring it to court

• The courts must wait for litigants, or people engaged in a lawsuit to come before them

The Supreme Court is deciding the case Albert Snyder v. Fred Phelps it deals with the First Amendment and freedom of speech at military funerals.

http://www.csmonitor.com/USA/Justice/2010/1006/Supreme-Court-Can-Westboro-Baptist-Church-protest-military-funerals

Early Precedents• Judicial precedents derive

their force from a common law principle; this states that the decisions of the highest court in the jurisdiction are binding on all lower courts in the jurisdiction

• All courts in the US are bound by precedent to follow the decisions of the United States Supreme Court

Federal Judges• The chief decision makers

in the judicial branch are federal judges

• There are more than 650 judges who preside over the district courts, each district court has at least two judges, some have more; each appeals court has from 6 to 28 judges; the Supreme Court has nine justices

Selection of Federal Judges• Article II, Section 2 of the Constitution

provides that the president with the consent of the Senate will appoint all federal judges

• The Constitution sets no particular qualifications for federal judges

Selection of Federal Judges• When naming judges

the President practices senatorial courtesy, he will submit a name to the senators from a judge’s home state, if one or more does not approve he will pick a new candidate

Selection of Federal Judges• Once appointed

federal judges may have their jobs for life, a judge can only be removed from office through the process of impeachment

Other Court Officials• Judges have many officials who help them do

their job, these include clerks, secretaries, court reporters, probation officers and other workers

• Magistrate judges, US attorneys, and US Marshals also help judges do their jobs