U.S. District Courts and U.S. Courts of Appeals

p. 196-198

U.S. District Courts• Most federal cases are handled in the

94 US district courts• District Courts: Federal courts where

trials are held and lawsuits are begun• Every state has at least one district

court• All cases must begin in a district

court because they have original jurisdiction, the authority to hear cases for the first time.

• Responsible for determining the facts of a case and are trial courts for both criminal and civil federal cases.

• They are the only federal courts in which witnesses testify, juries hear cases, and reach verdicts

U.S. Courts of Appeals• If someone loses their case in a district court

they can appeal to the next highest level, a US Court of Appeals

• Appeals Courts: courts that review decisions made in lower district courts• Appellate Jurisdiction: the authority of a

court to hear a case appealed from a lower court

• Lawyers appeal if: they think the law was applied incorrectly, used the wrong procedures, or if new evidence turns up.

• May also review federal regulatory agency rulings if the people involved believe the agency acted unfairly

• There are 12 US courts of appeals and each covers a circuit, particular geographic area. • The Court of Appeals for the Federal

Circuit is a 13th appeals court that has nationwide jurisdiction for special cases such as those involving patent law or international trade.

Making a Decision in Appellate Courts• Appeals courts make decisions in one of three ways:

1. Uphold the original decision2. Reverse the original decision3. Remand: send the case back to the lower court to

be tried again• A panel of three or more judges reviews the record of

the case and listens to arguments from both sides• Judges then meet and make a decision by majority vote• Judges do not decide innocence or guilt. • They only rule on whether the defendant’s rights

have been protected and on whether he or she received a fair trial.

• In a majority of cases this decision is final however, the decision can be appealed to the Supreme Court

Announcing an Appeals Court Decision

• When an appeals court makes a decision one judge writes an opinion.• Opinion: offers a detailed explanation of the legal

thinking behind the court’s decision• Opinion sets a precedent for all courts and

agencies within the district• Precedent: gives guidance to other judges

by offering a model upon which to base their own decisions on similar cases• Precedent does not have the force of law,

but is a very powerful argument to use in court

DOL

Given the information on US District and Appeals Courts students will

create a T-chart that compares the two types of courts