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Chapter 8 / Section 2:Chapter 8 / Section 2:How Federal Courts Are OrganizedHow Federal Courts Are Organized

Did You Know ?Did You Know ?• The first circuit courts in the United States The first circuit courts in the United States

were actually on horseback. Congress divided were actually on horseback. Congress divided the original 13 states into three districts. the original 13 states into three districts. Beginning in 1790, judges called “circuit Beginning in 1790, judges called “circuit riders” traveled great distances to hear cases riders” traveled great distances to hear cases in their districts. Often lawyers traveled with in their districts. Often lawyers traveled with them to help present the cases. One young them to help present the cases. One young lawyer from Illinois rode a circuit for many lawyer from Illinois rode a circuit for many years. His name was years. His name was ABRAHAM LINCOLNABRAHAM LINCOLN..

I. U.S. District CourtsI. U.S. District Courts• A. District courts A. District courts are the federal courts where trials are the federal courts where trials

are held and lawsuits are begun. All states have at are held and lawsuits are begun. All states have at least one.least one.

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

II. U.S. Courts of AppealsII. U.S. Courts of Appeals• A. A. People who lose in a district court often appeal to People who lose in a district court often appeal to

the next highest level – a U.S. court of appeals. the next highest level – a U.S. court of appeals. Appeals Appeals courts courts 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 a – the authority to hear a case appealed form a lower court.case appealed form a lower court.

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

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

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

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

• F. F. 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 or model for other judges to follow in making their own model for other judges to follow in making their own decisions on similar cases.decisions on similar cases.

III. Federal Judges• A. A. Each district court has at least 2 judges. Each Each district court has at least 2 judges. Each

appeals court has 6 to 27 judges. The Supreme Court appeals court has 6 to 27 judges. The Supreme Court hashas 99 justices.justices.

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

• C. C. 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 objects, the president withdraws the name and nominates someone else.and nominates someone else.

• D. D. Once appointed, a judge can be removed Once appointed, a judge can be removed only through only through impeachmentimpeachment..

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

• F. F. Every federal judicial district also has a Every federal judicial district also has a U.S. attorney U.S. attorney – a government lawyer who – a government lawyer who prosecutes people accused of breaking federal laws. prosecutes people accused of breaking federal laws. U.S. attorneys look into the charges and U.S. attorneys look into the charges and present the evidence in court. present the evidence in court. They also represent the They also represent the United States in civil cases United States in civil cases involving the involving the government.government.

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

GROUP WORK:GROUP WORK:Discussion Question:Discussion Question:•Why did the writers of the Why did the writers of the Constitution decide to allow federal Constitution decide to allow federal judges to keep their jobs for life?judges to keep their jobs for life?

ANSWER:ANSWER:• The writers gave federal judges this sort of The writers gave federal judges this sort of

job job securitysecurity because they wanted judges to because they wanted judges to be able to decide cases free from public or be able to decide cases free from public or political pressures. Federal judges know that political pressures. Federal judges know that their jobs are safe even if they their jobs are safe even if they make unpopular decisions. make unpopular decisions.

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