Lower Federal Courts A layered court system Federal

Lower Federal Courts A layered court system

Federal District Courts There are currently 94 District Courts who hear about 80% of the federal court cases. Trial courts for federal criminal and civil cases They have original jurisdiction over cases involving federal law and constitutional questions. They can also hear cases when the parties (especially in a civil case) are from different states. Who are the officers of the court? US attorney-prosecutor of federal crimes who also represents the US in civil suits against the US government US Magistrate-issues warrants and helps decide whether to hold arrestees for grand jury Bankruptcy judge-decides bankruptcy cases US Marshal-makes arrests, secures jurors, transports federal prisoners, keeps order in the courtroom. Deputy clerks, bailiffs, stenographers, clerk How do trials work? First, a grand jury hears the prosecution’s evidence in the case and decides if there is enough evidence to bring the person to trial. Then they issue an indictment-a formal accusation of the charges. Next, a trial is held before a petit jury (6 -12 people that actually sit as a jury in the court proceedings). In criminal trial, they find the defendant guilty or not guilty; in a civil trial, they find for the plaintiff (the person suing) or for the defendant (the person being sued). In a civil suit, if the parties do not want a jury trial, they can request a panel of 3 judges to preside over the case.

Federal Courts of Appeals 13 US Courts of Appeal- 1 for each of the 12 judicial circuits plus a special appeals court with national jurisdiction. Usually a panel of 3 judges sits on each panel. Appeals courts hear cases that have already been decided by a lower case and the loser is asking that the courts hear the case again because they feel the verdict was unfair for some reason. United State Circuit Court of Appeals for the Federal Circuit-special court that hears cases from federal claims court, the Court of International Trade, the US Patent Office, and other executive agencies.

Court of International Trade Has original jurisdiction over cases dealing with tariffs. It is usually US businesses that are suing the US government for tariffs they believe are too high.

Legislative Courts These courts help Congress to deal with issues concerning its 17 Enumerated Powers. For example: US Tax Court of Appeals for the US Armed Forces Territorial courts that hear cases from US territories like Guam and the Virgin Islands

Federal Claims Court US Court of Federal Claims-original jurisdiction that handles monetary claims against the US government Appeals of Claims Court decisions go to Circuit Court of Appeals for the Federal Circuit

Courts of the District of Columbia Since Washington DC is not part of any state, it is ruled directly by the federal government. Congress created federal district courts to hear cases in DC

Court of Appeals for Veterans Handles cases about benefits claims and other veteran’s problems.

Foreign Intelligence Surveillance Court Oversees federal eavesdropping on citizens and foreigners inside the US. It used to be that the CIA and FBI had to get a warrant to monitor any electronic communications, but starting in 2007, they could do a lot of monitoring without a warrant.

Selection of Federal Judges Political party- presidents generally appoint judges from their own party so they can perpetuate their political philosophies on the court. Senatorial Courtesy-an informal policy in which the President submits his nominees to the 2 Senators from that judge’s state before making a formal nomination. If they don’t approve, Pres generally doesn’t nominate that judge. Background-most were lawyers at one point in time and worked in a variety of legal fields, such as state judges, federal attorneys, laws school professors.