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The structure of the federal court system
Importance of the supreme court
Role of the united states supreme court essay
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Recommended: The structure of the federal court system
Shane Butler
JUS-261
March, 8, 2018
Professor Charles Tucker Jr.
1-2 Short Paper
The United Stated federal court system was created by the framers. Although similar, courts in the federal system work differently than state courts. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. The federal court system has three main levels. The first level in the federal court system are the district courts, or trial courts. The district courts serve as general trial courts of the federal court system. Each Unites States district court has at least one District Judge, who is selected by the President and confirmed by the Senate. District courts only handle
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The losing party in a decision by a district court within the federal courts would then appeal the decision to a federal court of appeals. Circuit courts are the first level of appeal. The appeals courts decide whether lower trial courts applied the law correctly in their decisions. There are a total of twelve federal circuits that divide the country into different regions. After the circuit court or state supreme court has decided on a case, either party may then appeal to the Supreme. There are several ways in which Cases Reach the Supreme Court. This can be through Appeals to Courts of Appeals Decisions, Appeals from State Supreme Courts, and any under Court’s Original Jurisdiction, which is the least likely way. Those wishing to appeal the ruling of a lower court file a petition, or writ of certiorari. After examining the petition for review and supporting materials, the court decides whether to grant or deny review. The Supreme Court can choose which cases to hear, by granting writs of certiorari., which is like petition. If the petition is granted, the Supreme Court will prepare briefs and conduct oral arguments. If it is not granted, the lower court’s opinion stands. The Supreme Court of the United States, the final level of appeal in the federal system. The Supreme Court also has the power to decide appeals on all cases …show more content…
is the highest court in the nation. Again, the members of the Court are referred to as “justices” and, like other federal judges, are appointed by the President and confirmed by the Senate. They generally serve for a life term. There are nine justices on the Supreme Court. This includes one chief justice and eight associate justices. Although there is no set requirements to be selected, all current members of the court are lawyers, have served as circuit court judges, and are often former law professors. The majority of the Supreme Court’s cases today are heard on appeal from the lower courts. These cases usually come from the federal courts of appeal, but the Court does sometimes hear appeals from the state Supreme Courts as well. The Justices of the Supreme Court are most likely to take cases that will affect the entire country. They want to clarify legal matters that are important to as many people as possible, so they take cases that will have a large constitutional impact, or that answer important legal questions that affect the whole
1. The judicial branch consists of the Supreme Court and other various courts system at the federal, state, and local level. As I mentioned before the Supreme Court Justices are nominated the President of the United States, but the Senate must also approve them with at least 51 out of the 100 possible votes (“Branches of Government”). There is no specific term length of a Supreme Court Justice, once appointed, they will have that position for life or until they decide to retire.
The Supreme Court is the highest judicial body in the United States. Since its creation in 1789, 112 justices have served on the Court. Of these 112 justices, four of them are women. President Ronald Reagan appointed the first female justice, Sandra Day O’Connor, in 1981; she served for 25 years. Sandra Day O’Connor changed the face of women in politics.
Supreme Court and Court of Appeals judges are elected in nonpartisan statewide elections. Mid-term vacancices are filled by appointment. State law requires that nominees are state residents and have practiced law for a minimum of seven years.
It did not originally have the power of judicial review until 1803 in the case of Marbury vs. Madison (Young, 283), which then gave the Supreme Court the power to interpret the Constitution and overrule any law or action that was unconstitutional. As part of the political system, the selection of judges has choice of the President and confirmed by the Senate. Once appointed, federal Judges are in the seat until they resign or die and are independent of the President's influence. (Burns, 360-361) For example, the chief justice of the United States is appointed and holds tenure for life.
The hierarchal structure of the federal court system consists of the Supreme Court, Courts of Appeals, Bankruptcy Appellate Panels, District Courts, Bankruptcy Courts, and Article I Courts (Hogan, 2010). The Supreme Court is the highest court in the nation. Its primary role is to review decisions made by lower courts of appeals, where the case involves the federal law or Constitutional law. The Court of Appeals primary role is to hear cases involving challenges to the judgment made in District Courts, as well as appeals from federal administrative agencies decisions. Bankruptcy Appellate Panels primary role is to hear decisions made in bankruptcy court and determine if they follow the law. District Courts primary role is to determine all facts and evidence in a case while applying the law to decide who is right. Bankruptcy
Whenever a law case is issued, Trial Courts are always the first court people would have to go through. The U.S. District Courts are the Federal Trial Courts. As the lowest level of the Federal Court System, The U.S. District Courts take care of most of the Federal cases. The State of California courts is called the Superior Courts. Similar to the U.S. District Courts, Superior Courts heard most of the State cases (Superior Court of California).
How are federal courts of general jurisdiction different from state courts of general jurisdiction? State courts deal with every day cases dealing with state laws and regulations. They can vary from criminal procedures in civil or family cases, to lower offenses, such as parking tickets. They tend to be specific to the laws of each state, as the state is allowed to form their own set of laws to keep their residents “free and treat them equally”. Federal courts on the other hand, hear criminal that violate the US Constitution and/or cases that cross state lines , along with civil cases or bankruptcy cases. Both courts have appellate courts and interprets the laws (either state or federal laws). Federal court is more selective on the cases it
The Supreme Court and Federal court have the same authority as in the Constitution. This system is called checks and balances which prevents the sole power of any one of the three branches. In addition, this power can be divided between the states and Federal government. The Federal government’s role in “domestic and foreign affairs and how they have grown” (Fe...
Presently the supreme court has nine members, which include one Chief Justice and eight associate Justices. The Chief Justice Appoints each associate Justice to oversee one or more various circuits. Every year the Supreme Court has a term in which it revues selected cases. This term starts on the first Monday of October and ends either in the end of June or the beginning of July. During this term the Justices review one-hundred out of 6,000 or so cases with no clear guidelines on which ones they must look at.
The Supreme Court of the United States has the highest authority in the Judicial Branch and is the third branch of government. The function of the Supreme Court is to interpret the Constitution. The Supreme Court looks at federal and state statues and executive actions to determine if they comply with the United States Constitution. On the Supreme Court, there are nine justices that hear cases that have been appealed through the justice system. When the Supreme Court rules in a case that is the la...
... their rulings. They do not make the laws; that is the job of Congress. Their primary goal is to interpret and decide the constitutionality of federal law. As stated previously from Section 1 of Article 3 of the Constitution about the establishment of the Supreme Court and creation of the lower federal courts, the combination of these court systems represents the original Framer’s compromise to establish a national court and allow state courts to exercise jurisdiction in disputes falling under federal law.
The US Supreme Court was created in Article III of the Constitution and has the ultimate authority on the interpretation of constitutional law and is therefore deemed the highest court in the nation (USSC). The Supreme Court consists of a chief justice and eight associate justices who review cases from lower courts throughout the nation and rule on the constitutionality of the issues (Urofsky, 2001). The Supreme Court plays a large role in the American legal system because its rulings become law, affecting subsequent cases throughout the nation. During the late fifties and sixties, a time known as the Warren Court, the Supreme Court handed down multiple rulings that were controversial and especially impactful in the area of criminal investigations.
First, according to justice.gov, “The federal court system has three main levels: district courts, circuit courts, and the Supreme Court of the United States.” The courts all have a different role to play in the judicial system. Court systems exist to provide justice for all. Now, the district court system is the beginning of the judicial system. A good amount of the cases handled by the district court system are either criminal or civil trial cases.
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.
Here, the minority of the court will pose a question to the majority that demonstrates why they should hear a case. Before this rule is used, the Supreme Court issues a writ of certiorari, in which they request from the lower courts who have heard the case to send all the records revolving around the case. Once the request has been completed the Supreme Court will review it and see if the law was carried out properly, if not then they will proceed to take the case and hear