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:
- remand the case (send it back; retrial)
- uphold (agree with) the lower court.
- reverse the lower court ruling
Decisions of Appeals Courts and U.S. Supreme Court are in the form of written “opinions”:
- 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.
- Concurring opinion – written by one of the majority who agrees, but for different reasons.
- Dissenting opinion – opinion of the minority; written by one of the minority members.
Important Points:
- Courts wait for litigants, those engaged in lawsuits, or criminal cases, to come to them. They don’t “look for trouble.”
- 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:
- 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.
- 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.
- 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)
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