Structure of the Judicial Branch Flashcards
The Structure of the Judicial Branch
Overlapping jurisdiction
- In the US, federal and state/provincial courts significantly overlap in jurisdiction.
- Civil procedure class will cover the overlap in detail.
Federal Court System
Establishment
- Established by Article 3 of the U.S. Constitution.
- The Constitution mandates one Supreme Court.
- Congress may establish lower courts, but it's optional.
- From the beginning, Congress created lower federal courts.
- The federal judiciary operates on multiple tiers.
Three Tiers of federal courts
- United States District Courts
- Circuit Courts
- United States Supreme Court
United States District Courts
- Lowest rung, called courts of first instance.
- Federal cases begin here (lawsuits or criminal charges).
- Also referred to as trial courts, as trials occur here.
- In trial courts witnesses testify, lawyers make objections, and juries give verdicts.
- Trials are not as common as TV dramas suggest.
- Most criminal cases are resolved through plea bargains (almost 90% in federal criminal cases).
- Plea bargains involve agreements where the prosecutor may drop charges for a guilty plea.
- On the civil side, only about 1% of federal lawsuits go to trial.
- Lawyers still do interesting work, debating legal or factual issues which often set the stage for settlement negotiations.
- Thousands of trials are still conducted annually.
- Typically, one judge is assigned to a case in a trial court.
- There are almost 1,000 federal district court judges across the country.
- Each judge is assigned to one of the 94 federal district courts.
- Each of the 94 courts has a unique geographic territory.
- Boundaries are contained within a single state.
- Less populous states may have the federal district court's territory covering the complete state.
- More populous states can have multiple federal districts.
- Example: Massachusetts has one federal district court.
- Example: New York State has four federal district courts.
- Lawyers often refer to federal district courts by their initials.
Circuit Courts
- One level above the district courts.
- Appellate courts that hear appeals from district courts.
- Appeals from the district courts to the circuit courts are called appeals as of right.
- Each of the 94 district courts is part of one of the 11 regional circuits.
- Appeals from a district court always go to the same circuit court.
- Example: Massachusetts is part of the first circuit.
- The First Circuit includes districts of Maine, New Hampshire, Rhode Island, and Puerto Rico.
- Appeal goes to the United States Court of Appeals for the first circuit.
- In addition to the 11 regional circuit courts, there are two specialized circuit courts.
US Court of Appeals for the District of Columbia Circuit (DC Circuit)
- Small regional circuit court.
- District court within its borders is the district court for the District of Columbia.
- Widely viewed as the second highest court in the US.
- Has jurisdiction that other appeals courts do not have.
- Entrusted with the power to make decisions affecting things, such as the environment, campaign finance, worker's wages, and social security.
US Court of Appeals for the Federal Circuit
- Created in 1982.
- Hears all appeals arising under US patent law, international trade, government contracts, and trademarks.
- Exception to the rule that appeals from a district court go to the regional circuit court.
- Patent cases would go to the Federal Circuit, rather than the Circuit Court.