Chapter 7, Lesson 2 – “Organization of the Courts”

U.S. District Courts U.S. Appeals Courts

District Courts Appeals Courts

-- at least 1 per state (94 total) -- 1 per circuit; NJ = 3rd circuit (13 total)

-- one judge; jury -- panel of 3 or more judges hears the case; no juries

-- have “original” (first-time) jurisdiction -- appellate jurisdiction within its circuit

-- are trial courts -- are NOT trial courts; no juries

(civil disputes and criminal cases)

-- decide guilt, innocence, or who wins -- issue a majority ruling based on whether defendant

civil disputes received a fair trial (“due process” rights given), procedures followed.

Possible decisions are to:

1. remand the case (send it back; retrial)

2. uphold (agree with) the lower court.

3. reverse the lower court ruling

Decisions of Appeals Courts and U.S. Supreme Court are in the form of written “opinions”:

1. majority opinion – opinion of the majority vote; written by one of those in the majority; has the weight of law; sets the precedent (model) for lower courts and future court cases to follow.

2. Concurring opinion – written by one of the majority who agrees, but for different reasons.

3. Dissenting opinion – opinion of the minority; written by one of the minority members.

Important Points:

1. Courts wait for litigants, those engaged in lawsuits, or criminal cases, to come to them. They don’t “look for trouble.”

2. Decisions of higher courts must be followed by lower courts. So, all courts in the U.S. follow the decisions and precedents set by the U.S. Supreme Court.

Judge Selection 🡪 no Constitutional qualifications; President appoints judges from his party, with Senate approval (part of our system of “checks and balances”).

Tenure – judges’ “tenure”, or term/job security, is for life; can only be removed by Congressional impeachment. This protects the judicial branch’s independence.

Other Court (and Executive) Officials:

1. Magistrates – who handle routine tasks, like issuing court orders*, such as arrest or search warrants; they hear preliminary evidence to see if cases go to trial; they decide bail and can hear minor cases. *subpoena – order to appear or to hand over evidence.

2. U.S. Attorneys – government lawyers in each district who prosecute federal lawbreakers; represent the government in civil cases; appointed to four-year terms by the president with consent of the Senate.

3. U.S. Marshalls – oldest law-enforcement agency in U.S. – actually part of the executive branch; make federal arrests; hunt for fugitives; collect fines; take convicted persons to prison; protect jurors and judges; keep order in federal courts; and serve legal papers, such as “subpoenas” (pronounced “suh-pee-nuhs”). (program “Manhunt” -- features U.S. Marshalls)