Chapter 8, Section 2Chapter 8, Section 2How Federal Courts Are How Federal Courts Are

OrganizedOrganized

Main IdeaMain Idea Three levels of federal courts- district, Three levels of federal courts- district,

appeals, and Supreme- handle a wide appeals, and Supreme- handle a wide array of cases each year. array of cases each year.

I. I. U.S. District CourtsU.S. District Courts

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

B.B. For federal cases, district courts have For federal cases, district courts have original jurisdictionoriginal jurisdiction-- the authority the authority to hear the case for the first time. to hear the case for the first time.

******District courts hear both civil District courts hear both civil and criminal cases. They are and criminal cases. They are the only federal courts that the only federal courts that involve witnesses and juries.***involve witnesses and juries.***

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

A.A. People who lose in district court People who lose in district court often appeal to the U.S. Court of often appeal to the U.S. Court of appeals. appeals.

1.1. Appeals courtsAppeals courts-- review review decisions made in lower district decisions made in lower district courts. courts.

2.2. Appellate jurisdictionAppellate jurisdiction-- the the authority to hear a case appealed authority to hear a case appealed from a lower court.from a lower court.

B.B. Each of the 12 U.S. courts of appeals Each of the 12 U.S. courts of appeals covers a particular geographical area covers a particular geographical area called a called a circuitcircuit..

*** A 13th appeals court, the *** A 13th appeals court, the Court of Appeals for the Federal Court of Appeals for the Federal Circuit, has nationwide Circuit, has nationwide jurisdiction.***jurisdiction.***

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

C.C. The judges may decide in one of three The judges may decide in one of three ways:ways:

1.1. Uphold original decision Uphold original decision

2.2. Reverse decision Reverse decision

3.3. RemandRemand-- send back to lower send back to lower court to court to be tried again.be tried again.

***Appeals Courts do not decide guilt of ***Appeals Courts do not decide guilt of innocence. They just rule on innocence. They just rule on whether or not the original trial was whether or not the original trial was fair and protected the accused fair and protected the accused person’s rights. Some cases get sent person’s rights. Some cases get sent to Supreme Court, but not many.***to Supreme Court, but not many.***

D.D. OpinionOpinion-- written by written by 1 appellate judge 1 appellate judge explains the legal explains the legal thinking behind the thinking behind the court’s decision. court’s decision.

E.E. Precedent-Precedent- model model for other judges to for other judges to follow in making their follow in making their own decisions in own decisions in similar cases.similar cases.

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

Each appeals court has 6 to 27 judges. Each appeals court has 6 to 27 judges. Supreme Court has 9.Supreme Court has 9.

B.B. President appoints federal judges (with President appoints federal judges (with senate approval). They appoint judges senate approval). They appoint judges who share their views. who share their views.

******Judges serve for life so president’s Judges serve for life so president’s decision to appoint judges affects decision to appoint judges affects the country after president is out of the country after president is out of office!****office!****

C.C. Presidents submit nominations for Presidents submit nominations for judges they want to appoint to the judges they want to appoint to the senator’s from the nominee’s state. senator’s from the nominee’s state.

***If Senator doesn’t approve, ***If Senator doesn’t approve, president nominates someone president nominates someone else.***else.***

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

E.E. Magistrate judges-Magistrate judges- each district each district has one, they do much of the has one, they do much of the judge’s routine work. judge’s routine work.

******Ex:Ex: hear preliminary evidence, hear preliminary evidence, decide if accused should be held decide if accused should be held in jail or released on bond in jail or released on bond etc.***etc.***

F.F. Every federal district has U.S. Every federal district has U.S. Attorney. Attorney.

1.1. U.S. AttorneyU.S. Attorney-- government government lawyer lawyer that prosecutes accused of that prosecutes accused of committing committing federal crimes. federal crimes.

North Carolina’s Eastern District.

G.G. Every federal district also has U.S. Marshal. Every federal district also has U.S. Marshal.

1.1. U.S. MarshalU.S. Marshal.-.-They make arrests, They make arrests, collect fines, take convicted to prison, collect fines, take convicted to prison, protect jurors, keep order in the court protect jurors, keep order in the court

etc.etc.

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Mini Quiz!!!Mini Quiz!!!

1. The authority to hear a case for the 1. The authority to hear a case for the first time? first time?

2. Written by a judge, letting us know 2. Written by a judge, letting us know why a court decision has been made?why a court decision has been made?

3. Who appoints all federal judges?3. Who appoints all federal judges?4. Looking back on previous cases to 4. Looking back on previous cases to

be consistent in court rulings?be consistent in court rulings?5. What federal court has original 5. What federal court has original

jurisdiction?jurisdiction?