Federal judiciary of the United States

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The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts, and place limitations on their jurisdiction. Article III federal judges are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, retire, or die.[ citation needed ]

Contents

Courts

All federal courts can be readily identified by the words "United States" (abbreviated to "U.S.") in their official names; no state court may include this designation as part of its name. [1]

The federal courts are generally divided between trial courts which hear cases in the first instance, and appellate courts which review specific contested decisions made by lower courts.

The United States district courts (one in each of the 94 federal judicial districts, and three territorial courts) are general federal trial courts, although in certain cases Congress has diverted original jurisdiction to specialized courts, such as the Court of International Trade, the Foreign Intelligence Surveillance Court, the Alien Terrorist Removal Court, or to Article I or Article IV tribunals. The district courts usually have jurisdiction to hear appeals from such tribunals (unless, for example, appeals are to the Court of Appeals for the Federal Circuit.)

The United States courts of appeals are the intermediate federal appellate courts. They operate under a system of mandatory review which means they must hear all appeals of right from the lower courts. In some cases, Congress has diverted appellate jurisdiction to specialized courts, such as the Foreign Intelligence Surveillance Court of Review. The federal courts of appeals sit permanently in 13 appellate circuits (11 regional circuits as well as a DC Circuit and the Federal Circuit). Note that there are several other federal courts that bear the phrase "Court of Appeals" in their names, but they are not Article III courts and are not considered to sit in appellate circuits.

The Supreme Court of the United States is the court of last resort. It generally hears appeals from the courts of appeals (and sometimes state courts), operating under discretionary review, which means that the Supreme Court can choose which cases to hear, by granting writs of certiorari. There is therefore generally no basic right of appeal that extends automatically all the way to the Supreme Court. In a few situations (like lawsuits between state governments or some cases between the federal government and a state) it sits as a court of original jurisdiction.

Other tribunals

Besides these federal courts, described as Article III courts, there are other adjudicative bodies described as Article I or Article IV courts in reference to the article of the Constitution from which the court's authority stems.

There are a number of Article I courts with appellate jurisdiction over specific subject matter including the Court of Appeals for Veterans Claims and the Court of Appeals for the Armed Forces, as well as Article I courts with appellate jurisdiction over specific geographic areas such as the District of Columbia Court of Appeals. The Article I courts with original jurisdiction over specific subject matter include the bankruptcy courts (for each district court), the immigration courts, the Court of Federal Claims, and the Tax Court.

Article IV courts include the High Court of American Samoa and territorial courts such as the District Court for the Northern Mariana Islands, District Court of Guam, and District Court of the Virgin Islands.

Judges

Federal judges, like Supreme Court justices, are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, retire, or die.

In April 2013, about 10 percent of federal seats were vacant, with 85 of 856 positions unfilled and 4 vacancies on the prestigious Court of Appeals for the District of Columbia Circuit. [2] The high vacancy rate has been attributed to politics, particularly Senate filibustering of potential appointees by Senators. [2] In many cases there is no nominee for the position; however, the Senate has a tradition of senatorial courtesy in which nominees are only considered if the home senators approve. [3] In May 2013 Congressional Research Service published a paper analyzing the vacancies and appointment process. [4]

Under Article I of the federal Constitution, Congress also has the power to establish other tribunals, which are usually quite specialized, within the executive branch to assist the president in the execution of his or her powers. Judges who staff them normally serve terms of fixed duration, as do magistrate judges who assist Article III judges. Judges in Article I tribunals attached to executive branch agencies are referred to as administrative law judges (ALJs) and are generally considered to be part of the executive branch even though they exercise quasi-judicial powers. With limited exceptions, they cannot render final judgments in cases involving life, liberty, and private property rights, but may make preliminary rulings subject to review by an Article III judge.

Administration

The Supreme Court has interpreted the Constitution as placing some additional restrictions on the federal courts. For example, the doctrines of mootness, ripeness, and standing prohibit district courts from issuing advisory opinions. Other doctrines, such as the abstention doctrine and the Rooker-Feldman doctrine limit the power of lower federal courts to disturb rulings made by state courts. The Erie doctrine requires federal courts to apply substantive state law to claims arising from state law (which may be heard in federal courts under supplemental or diversity jurisdiction). In difficult cases, the federal courts must either guess as to how a court of that state would decide the issue or, if that state accepts certified questions from federal courts when state law is unclear or uncertain, ask an appellate court of that state to decide the issue.

Notably, the only federal court that can issue proclamations of federal law that bind state courts is the Supreme Court itself. Decisions of the lower federal courts, whether on issues of federal law or state law (i.e., the question was not certified to a state court), are persuasive but not binding authority in the states in which those federal courts sit. [5]

Some commentators assert that another limitation upon federal courts is executive nonacquiescence in judicial decisions, where the executive simply refuses to accept them as binding precedent. [6] [7] In the context of administration of U.S. internal revenue laws by the Internal Revenue Service, nonacquiescences (published in a series of documents called Actions on Decisions) "generally do not affect the application of stare decisis or the rule of precedent". The IRS "will recognize these principles and generally concede issues accordingly during administrative proceedings." In rare cases, however, the IRS may continue to litigate a legal issue in a given circuit even where the IRS has already lost a case on that issue in that circuit. [8]

History

The Articles of Confederation provided a clear basis for the initial establishment of United States of America judicial authority by Congress prior to the Constitution. This authority, enumerated by Article IX, allowed for the establishment of United States jurisdiction in the trial of piracies and felonies committed on the high seas, final appeals from state court decisions in all cases of captures of enemy ships, last resort for resolution of disputes between two or more states (including disputes over borders and jurisdiction), and final determination of controversies between private parties arising from conflicting land grants issued by two or more states prior to settlement of which state actually has jurisdiction over the territory. The Court of Appeals in Cases of Capture was the first United States Court established by the United States. Additional United States courts were established to adjudicate border disputes between the states of Connecticut and Pennsylvania, New York and Massachusetts, Georgia and South Carolina. Lastly, a United States court was established for the Northwest Territory.

When the Constitution came into force in 1789, Congress gained the authority to establish the federal judicial system as a whole. Only the Supreme Court was established by the Constitution itself. The Judiciary Act of 1789 created the first inferior (i.e., lower) federal courts established pursuant to the Constitution and provided for the first Article III judges.

Virtually all U.S. law schools offer an elective course that focuses specifically on the powers and limitations of U.S. federal courts, with coverage of topics such as justiciability, abstention doctrines, the abrogation doctrine, and habeas corpus. [9]

See also

Related Research Articles

Marbury v. Madison, 5 U.S. 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws, statutes, and some government actions that they find to violate the Constitution of the United States. Decided in 1803, Marbury remains the single most important decision in American constitutional law. The Court's landmark decision established that the U.S. Constitution is actual law, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.

A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive without going to courts for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as stare decisis. Common-law precedent is a third kind of law, on equal footing with statutory law and subordinate legislation.

In the United States, a state supreme court is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.

Article Three of the United States Constitution Portion of the US Constitution regarding the judicial branch

Article Three of the United States Constitution establishes the judicial branch of the federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason.

United States courts of appeals Post-1891 U.S. appellate circuit courts

The United States courts of appeals or circuit courts are the intermediate appellate courts of the United States federal judiciary. The courts are divided into 13 circuits, and each hears appeals from the district courts within its borders, or in some instances from other designated federal courts and administrative agencies. Appeals from the circuit courts are taken to the Supreme Court of the United States. The district, appellate, and Supreme courts are all authorized under Article Three of the United States Constitution, giving them the exclusive functions as constitutional courts.

Federal government of the United States National government of the United States

The federal government of the United States is the national government of the United States, a federal republic in North America, composed of 50 states, a federal district, five major self-governing territories and several island possessions. The federal government is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court.

Appellate jurisdiction Court jurisdiction over appealed cases

Appellate jurisdiction is the power of an appellate court to review, amend and overrule decisions of a trial court or other lower tribunal. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right. Depending on the type of case and the decision below, appellate review primarily consists of: an entirely new hearing ; a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by the lower court.

Circuit courts are court systems in several common law jurisdictions. The core concept of circuit courts requires judges to travel to different locales to ensure wide visibility and understanding of cases in a region. More generally, some modern circuit courts may also refer to a court that merely holds trials for cases of multiple locations in some rotation.

In the United States, the title of federal judge means a judge nominated by the president of the United States and confirmed by the United States Senate pursuant to the Appointments Clause in Article II of the United States Constitution.

United States Court of Appeals for the Federal Circuit Current United States federal appellate court

The United States Court of Appeals for the Federal Circuit is a United States court of appeals headquartered in Washington, D.C. The court was created by Congress with passage of the Federal Courts Improvement Act of 1982, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges. The Federal Circuit is particularly known for its decisions on patent law, as it is the only appellate-level court other than the Supreme Court with the jurisdiction to hear patent case appeals.

Judiciary of Australia

The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.

The United States territorial courts are tribunals established in territories of the United States by the United States Congress, pursuant to its power under Article Four of the United States Constitution, the Territorial Clause. Most United States territorial courts are defunct because the territories under their jurisdiction have become states or been retroceded.

The Judiciary Act of 1891, also known as the Evarts Act after its primary sponsor, Senator William M. Evarts, created the United States courts of appeals, and reassigned the jurisdiction of most routine appeals from the district and circuit courts to these appellate courts. Because of this, it is also called the Circuit Courts of Appeals Act.

Judicial review in the United States Ability of a court in the US to examine laws to determine if it contradicts current laws

In the United States, judicial review is the ability of a court to examine and decide if a statute, treaty or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define the power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.

Supreme court Highest court in a jurisdiction

The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.

In the United States, jurisdiction-stripping, is the limiting or reducing of a court's jurisdiction by Congress through its constitutional authority to determine the jurisdiction of federal and state courts.

District Court of Guam United States territorial court

The District Court of Guam is a United States territorial court with jurisdiction over the United States territory of Guam. It sits in the capital, Hagåtña. Appeals of the court's decisions are taken to the United States Court of Appeals for the Ninth Circuit. It is not an Article III court, and therefore its judges do not have life tenure, but a ten-year term.

The Government of Guam (GovGuam) is a presidential representative democratic system, whereby the President is the head of state and the Governor is head of government, and of a multi-party system. Guam is an organized, unincorporated territory of the United States with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs.

United States v. More, 7 U.S. 159 (1805), was a United States Supreme Court case in which the Court held that it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, More held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.

Appeal

In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century.

References

  1. Walston-Dunham, Beth (2012). Introduction to Law (6th ed.). Clifton Park: Delmar. p. 36. ISBN   9781133707981 . Retrieved 26 November 2020.
  2. 1 2 The Editorial Board. (2013). Courts Without Judges. NYTimes.
  3. Wheeler R. (2013) What's Behind all Those Judicial Vacancies Without Nominees?. Brookings Institution.
  4. McMillion BJ. (2013). President Obama's First-Term U.S. Circuit and District Court Nominations: An Analysis and Comparison with Presidents Since Reagan. CRS.
  5. People v. Leonard, 40 Cal. 4th 1370, 1416 (2007) (Ninth Circuit decisions do not bind Supreme Court of California).
  6. Gregory C. Sisk, Litigation with the Federal Government (Philadelphia: American Law Institute, 2006), 418-425.
  7. Robert J. Hume, How Courts Impact Federal Administrative Behavior (New York: Routledge, 2009), 92-106.
  8. Mitchell Rogovin & Donald L. Korb, "The Four R's Revisited: Regulations, Rulings, Reliance, and Retroactivity in the 21st Century: A View From Within", 46 Duquesne Law Review 323, 366-367 (2008).
  9. Michael L. Wells, A Litigation-Oriented Approach to Teaching Federal Courts Archived 2014-08-14 at the Wayback Machine , 53 St. Louis U. L.J. 857 (2009).

Further reading