government chpt. 8 section 2 [district courts]

What percentage of cases do the lower courts hear every year?

The lower federal courts handle about 99 percent of all federal cases annually.

Why would the lower federal courts be able to set precedents to which other courts refer?

In the absence of a Supreme Court ruling to the contrary, the lower federal courts determine what the law is, and their rulings set precedents to which other courts refer.

District Courts are the workhorses of the federal court system, handling over cases a year.

86% of cases.

There are ___ federal court districts, each consisting of at least _ judges.

There are 94 federal court districts, each consisting of at least two judges.

Why would the U.S. Judicial District for Southern New York have more judges than other districts?

The U.S. Judicial District for Southern New York, which includes New York City, is the most active federal court district and has 44 judges to handle its large caseload.

All told, district courts handle about civil cases and ___ criminal cases each year.

District courts handle about 280,000 civil cases and 80,000 criminal cases each year.

In serious criminal cases, district courts convene panels of citizens known as _.

In serious criminal cases, district courts convene panels of citizens known as grand juries.

Define Grand Juries:

Panels of citizens set up to hear evidence of a possible crime and to recommend whether the evidence is sufficient to file criminal charges.

How many people does a Grand Jury consist of?

Grand juries consist of 16 to 23 people.

True or False: Grand Juries are not used in civil cases.

True.

Define Bankruptcy:

A legal process by which persons who cannot pay money they owe others can receive court protection and assistance in settling their financial problems.

True or False: Bankruptcy cases have their own separate court with their own judges.

True.

Who is the primary official in any court and what is this official's job in the courtroom?

The judge is the primary official in any court. Their main job is to preside over trials, ensuring proper legal procedures for fair outcomes, instructing juries, and deciding cases when a jury is not present.

Define magistrate judges:

District court officials responsible for overseeing some of the early hearings of a criminal trial at which routine matters are carried out, and who may also hear misdemeanor criminal cases and certain civil cases.

Define misdemeanor:

Minor criminal cases punishable by one year or less of prison time.

Magistrate Judges are appointed by _ and serve terms of ___ years.

Magistrate judges are appointed by the district court judges to terms of eight years.

Each district court has a “clerk of the court.” What is this person responsible for?

The clerk of the court performs nonjudicial jobs such as maintaining court records, handling money received in fines and fees, and overseeing the jury recruitment process.

How many U.S. attorneys does each Judicial district have and what is this person’s responsibilities?

Each judicial district has one U.S. attorney. Their job is to represent the United States government in federal court, acting as a prosecutor in federal crime cases.

Are U.S. district attorneys part of the Judicial or Executive branch of the United States government? Why?

U.S. attorneys are part of the executive branch, specifically the Department of Justice. They are appointed by the president, subject to Senate approval, and serve a four-year term (though the president can replace them earlier).

Define Public Defenders:

Lawyers appointed by the court to represent in criminal trials defendants who cannot afford to hire legal counsel. They are appointed by the panel of judges who make up the court of appeals.

What are the responsibilities of U.S. Marshals?

U.S. marshals provide security and police protection at federal courthouses, transport prisoners, help track down and arrest people accused of crimes, and provide protection to witnesses in federal cases.

There are three tiers of the federal court system. What is the middle tier? What is the lower tier?

The middle tier of the federal court system is made up of the courts of appeals. The district courts occupy the lowest tier.

Today there are ___ court of appeals.

Today there are 13 of these courts.

The has nationwide jurisdiction to hear certain types of cases.

The Federal Circuit (U.S. Court of Appeals for the Federal Circuit) has nationwide jurisdiction to hear certain types of cases (this was inferred from the context of 13 courts of appeals and the common knowledge about the Federal Circuit).

What kind of cases does the Federal Court of Appeals usually deal with? Provide an example.

The courts of appeals hear cases on appeal from the district courts within their circuit. An example would be an appeal from a district court ruling.

Each year, the courts of appeal hear about _ cases.

Each year, the courts of appeals hear about 55,000 cases.

Define Appellant:

A person who files an appeal.

In almost all cases, the court of appeals will overturn a case only if…

In almost all cases, the court of appeals will overturn a case only if the original court or agency followed an improper procedure.

Is new evidence accepted in the court of appeals?

No, they do not permit new evidence to be introduced or hear testimony from witnesses.

What does the court of appeals rely on to make their decisions?

They rely on the factual record as established by the trial court.

Define Briefs:

Written arguments filed by the parties in an appeal.

True or False: The ruling of a court of appeals is usually the final word on a particular case.

True.

Define an “en banc” review:

A review by a larger panel of judges, often involving all the judges of a specific court of appeals.

What types of cases does the U.S. Court of International Trade deal with?

This court hears cases involving disputes over laws and rules governing international trade.

What types of cases does the U.S. Tax Court deal with?

The U.S. Tax Court hears disputes over federal taxes.

What types of cases does the U.S. Court of Appeals for Veterans Claims deal with?

The Court of Appeals for Veterans Claims hears disputes over a veteran’s benefits, disability payments, or some other matters related to military service programs.

Define Sovereign Immunity:

The principle that a sovereign government cannot be taken to court unless it agrees to be sued.

What types of cases does the U.S. Court of Appeals for the Armed Forces deal with?

This court hears appeals from military courts-martial, which deal with violations of the military code.

Define Courts-Martial:

Hearings held for the trial of military personnel accused of violating military law.

What is the job of the Foreign Intelligence Surveillance Court?

Its job is to review and authorize requests by the government to conduct spying operations on American soil if it determines that the target of the investigation is an “agent of a foreign power.”

What is the job of the Alien Terrorist Removal Court?

The Alien Terrorist Removal Court reviews requests by the U.S. attorney general to remove from the country an individual suspected of being a terrorist.

What were the special “military commissions” created by George W. Bush for?

President George W. Bush created special military commissions to try individuals classified as “enemy combatants” captured during combat operations in Afghanistan following the terrorist attacks of September 11, 2001. These commissions were outside the normal judicial system and modeled on WWII military tribunals.