Federal Court System
By: Michelle Taylor
Jurisdiction
Jurisdiction is the authority given by law to a court to try cases and rule on legal matters within a particular geographic area and/or over certain types of legal cases. This is the right to administer justice.
The following apply to Jurisdiction:
- Appellate: Appeal courts review decisions that are made in lower courts. An appellate jurisdiction is the power to hear a case appealed from a court that is lower. An example would be if there was a mistake found in a hearing and the lawyer wanted to request an appeal.
- Original Jurisdiction: Original jurisdiction occurs when district courts have the privilege of hearing a case for the very first time before anyone else
Courts
District Courts: Federal courts where trials are held and lawsuits start. They have original jurisdiction (hearing the case the very first time) They deal with both civil and criminal cases. They are also the only federal courts where witnesses and juries are a part of the verdict.
Court of Appeals This type of court has nationwide jurisdiction. They don't hold trials; instead they have a panel of judges review the case and listen to both sides of the story.
They decide on how to handle the case in three different ways:
- uphold the original decision
- reverse the decision or
- remand the case
Remand: When a case is sent back to the lower court to be tried again.
Positions of Authority
US Marshall
They make arrests, collect fines, and take convicted people to prison. They also protect jurors, help keep order in the court, and serve subpoenas that order people to appear in court.
Requirements:
- US citizen between 21 and 36
- bachelor's degree
- three years of qualifying work experience
- valid driver's license
- background investigation
- great physical condition
- 17 1/2 week basic training program
US Attorney
This is a government lawyer who prosecutes people who are accused of breaking federal laws. They present evidence in court and represent the US in civil cases that involve the government.
Magistrate Judge
Important Vocabulary
Circuit: Each of the 12 US courts of appeals covers a certain geographic area
Precedent: The opinion will then set a model, otherwise known as a precedent, which is for other judges to follow when they make their own choices on similar cases
Life Terms: Federal court judges are appointed by the president with Senate approval. They have life terms, meaning that they can stay in their position for as long as they would like however, they can leave whenever they prefer as well. Only Supreme Court justices serve for life.