Federal Court System. Certiorari A Latin word meaning “to inform”, in the sense that the...

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Transcript of Federal Court System. Certiorari A Latin word meaning “to inform”, in the sense that the...

Federal Court System

Certiorari A Latin word meaning “to

inform”, in the sense that the petition informs the Court of the request for review.

Structure of the Federal Courts

SupremeCourt

Court of Appeal

District Courts

Supreme Court Highest Court in the Federal

System

9 Justices, meeting in Washington, D.C.

Appeals Jurisdiction through Certiorari process

Court of Appeal AKA known as Circuit Courts

Intermediate level in the Federal System

12 regional “circuit” courts, including D.C. Circuit

No original jurisdiction; strictly appellate

District Courts Lowest level in the Federal System

94 judicial districts in 50 states & territories

No appellate Jurisdiction

Original Jurisdiction over most cases

District Courts Federal Level:

Split into District and Special Courts. District hears most cases

i.e. murder, involving different states, civil cases Special hears very specific cases

i.e. Tax cases, international trade

State Level: Split into District and Superior Courts

Superior hears more serious crimes and civil cases Also called General Trial Courts Has appellate jurisdiction over District Court decisions

District Courts hear misdemeanors and smaller civil cases

Jurisdiction of State & Federal Courts

Original Jurisdiction: Authority to hear a case first

Over cases involving violations of state

laws.

Appellate Jurisdiction: Authority to review the decisions of a court having original jurisdiction

Concurrent Jurisdiction: Both having authority to hear a case.

In some cases, federal courts have EXCLUSIVE JURISDICTION: Only the Federal courts may hear the case.

Examples: Bankruptcy cases and cases involving suits against the U.S. Government.