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In the federal system, 94 district courts are organized into 12 circuits, or regions. Each circuit has its own Court of Appeals that reviews cases decided in U.S. District Courts within the circuit. The U.S. Court of Appeals for the Federal Circuit brings the number of federal appellate courts to 13. This court takes cases from across the nation, but only particular types of cases.
Significance of U.S. Circuit Courts of Appeals
The Supreme Court of the United States hears about 100 to 150 appeals of the more than 7,000 cases it is asked to review every year. That means the decisions made by the 12 Circuit Courts of Appeals across the country and the Federal Circuit Court are the last word in thousands of cases.
How Appellate Courts are Different from Trial Courts
At a trial in a U.S. District Court, witnesses give testimony and a judge or jury decides who is guilty or not guilty — or who is liable or not liable. The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.
The Right to Appeal
An appeal is available if, after a trial in the U.S. District Court, the losing side has issues with the trial court proceedings, the law that was applied, or how the law was applied. Generally, on these grounds, litigants have the right to an appellate court review of the trial court’s actions. In criminal cases, the government does not have the right to appeal.
Grounds for Making an Appeal
The reasons for an appeal vary. However, a common reason is that the dissatisfied side claims that the trial was conducted unfairly or that the trial judge applied the wrong law, or applied the law incorrectly. The dissatisfied side may also claim that the law the trial court applied violates the U.S. Constitution or a state constitution.
Roles and Terms
The side that seeks an appeal is called the petitioner. It is the side that brings the petition (request) asking the appellate court to review its case. The other side is known as the respondent. It is the side that comes to court to respond to and argue against the petitioner’s case.
Preparing for an Appellate Argument
Before lawyers come to court to argue their appeal, each side submits to the court a written argument called a brief. Briefs can actually be lengthy documents in which lawyers lay out the case for the judges prior to oral arguments in court.
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The U.S. Constitution is the supreme law of the land in the United States. It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems. Discover the differences in structure, judicial selection, and cases heard in both systems.
Court Structure
The Federal Court System | The State Court System |
Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts. | The Constitution and laws of each state establish the state courts. A court of last resort, often known as a Supreme Court, is usually the highest court. Some states also have an intermediate Court of Appeals. Below these appeals courts are the state trial courts. Some are referred to as Circuit or District Courts. |
Congress has used this power to establish the 13 U.S. Courts of Appeals, the 94 U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade. U.S. Bankruptcy Courts handle bankruptcy cases. Magistrate Judges handle some District Court matters. | States also usually have courts that handle specific legal matters, e.g., probate court (wills and estates); juvenile court; family court; etc. |
Parties dissatisfied with a decision of a U.S. District Court, the U.S. Court of Claims, and/or the U.S. Court of International Trade may appeal to a U.S. Court of Appeals. | Parties dissatisfied with the decision of the trial court may take their case to the intermediate Court of Appeals. |
A party may ask the U.S. Supreme Court to review a decision of the U.S. Court of Appeals, but the Supreme Court usually is under no obligation to do so. The U.S. Supreme Court is the final arbiter of federal constitutional questions. | Parties have the option to ask the highest state court to hear the case. |
Only certain cases are eligible for review by the U.S. Supreme Court. |
Selection of Judges
The Federal Court System | The State Court System |
The Constitution states that federal judges are to be nominated by the President and confirmed by the Senate. They hold office during good behavior, typically, for life. Through Congressional impeachment proceedings, federal judges may be removed from office for misbehavior. | State court judges are selected in a variety of ways, including
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Types of Cases Heard
The Federal Court System | The State Court System |
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State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases. |