Chapter 8.2Chapter 8.2

How Federal Courts Are OrganizedHow Federal Courts Are Organized

U.S. District CourtsU.S. District Courts

District CourtsDistrict Courts are the federal courts where are the federal courts where trials are held and lawsuits are begun. All trials are held and lawsuits are begun. All states have at least one.states have at least one.

For all federal cases, district courts have For all federal cases, district courts have original jurisdictionoriginal jurisdiction, the authority to hear the , the authority to hear the case for the first time. District courts hear case for the first time. District courts hear both civil and criminal cases. They are the both civil and criminal cases. They are the only federal courts that involve witnesses and only federal courts that involve witnesses and juries.juries.

U.S. Courts of AppealsU.S. Courts of Appeals

People who lose in a district court often appeal to the People who lose in a district court often appeal to the next highest level – a U.S. court of appeals. next highest level – a U.S. court of appeals. Appeals Appeals courtscourts review decisions made in lower district courts. review decisions made in lower district courts. This is This is appellate jurisdictionappellate jurisdiction – the authority to hear – the authority to hear a case appealed from a lower court.a case appealed from a lower court.

Each of the 12 U.S. courts of appeals covers a Each of the 12 U.S. courts of appeals covers a particular geographic area called a particular geographic area called a circuitcircuit. A 13. A 13thth appeals court, the Court of Appeals for the Federal appeals court, the Court of Appeals for the Federal Circuit, has nationwide jurisdiction.Circuit, has nationwide jurisdiction.

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Appeals courts do not hold trials. Instead, a Appeals courts do not hold trials. Instead, a panel of judges reviews the case records and panel of judges reviews the case records and listens to arguments from lawyers on both listens to arguments from lawyers on both sides.sides.

The judges may decide in one of three ways: The judges may decide in one of three ways: uphold the original decision, reverse the uphold the original decision, reverse the decision or decision or remandremand the case – send it back to the case – send it back to the lower court to be tried again.the lower court to be tried again.

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Appeals courts do not decide guilt or Appeals courts do not decide guilt or innocence or which side should win a suit. innocence or which side should win a suit. They rule only on whether the original trial They rule only on whether the original trial was fair and protected the person’s rights. was fair and protected the person’s rights. Most appeals court decisions are final. A few Most appeals court decisions are final. A few cases are appealed to the Supreme Court.cases are appealed to the Supreme Court.

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One appellate judge writes an One appellate judge writes an opinionopinion that that explains the legal thinking behind the court’s explains the legal thinking behind the court’s decision in the case. The opinion sets a decision in the case. The opinion sets a precedentprecedent or model for other judges to follow or model for other judges to follow in making their own decisions on similar in making their own decisions on similar cases.cases.

Federal JudgesFederal Judges

Each district court has at least 2 judges. Each Each district court has at least 2 judges. Each appeals court has 6-27 judges. The Supreme appeals court has 6-27 judges. The Supreme Court has 9 justices.Court has 9 justices.

Presidents appoint federal judges, with Senate Presidents appoint federal judges, with Senate approval. They usually appoint judges who approval. They usually appoint judges who share their views. Because judges serve for share their views. Because judges serve for life, presidents view their appointments as an life, presidents view their appointments as an opportunity to affect the country after they opportunity to affect the country after they leave office.leave office.

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As a senatorial courtesy, presidents submit As a senatorial courtesy, presidents submit their nominations for judge to the senators their nominations for judge to the senators from the nominee’s state. If either senator from the nominee’s state. If either senator objects, the president withdraws the name and objects, the president withdraws the name and nominates someone else.nominates someone else.

Once appointed, a judge can be removed only Once appointed, a judge can be removed only through impeachment.through impeachment.

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Each district court has magistrate judges who Each district court has magistrate judges who do much of the judge’s routine work. They do much of the judge’s routine work. They hear preliminary evidence and determine hear preliminary evidence and determine whether the case should go to trial. They whether the case should go to trial. They decide whether accused people should be held decide whether accused people should be held in jail or released on bail.in jail or released on bail.

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Every federal judicial district also has a U.S. Every federal judicial district also has a U.S. attorney – a gov’t lawyer who prosecutes attorney – a gov’t lawyer who prosecutes people accused of breaking federal law. U.S. people accused of breaking federal law. U.S. attorneys look into the charges and present the attorneys look into the charges and present the evidence in court. They also represent the evidence in court. They also represent the U.S. in civil cases involving the gov’t.U.S. in civil cases involving the gov’t.

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Every federal judicial district also has a U.S. Every federal judicial district also has a U.S. marshal. Marshals make arrests, collect fines marshal. Marshals make arrests, collect fines and take convicted people to prison. They and take convicted people to prison. They protect jurors, keep order in the court and protect jurors, keep order in the court and serve subpoenas ordering people to appear in serve subpoenas ordering people to appear in court.court.