8 Chapter (cont.)
The Federal Court System operates on a three-tiered model consisting of: o The U.S. District Courts, the lowest tier of the federal court system, also known as federal trial courts. These are the courts in which cases involving federal laws begin, and a judge or jury decides the case. Every state has at least ONE federal district court, and there is also one in D.C. The number of judicial districts varies over time, primarily owing to population changes and corresponding caseloads. There are currently 94 judicial districts. Includes other trial courts of limited jurisdiction: Tax court Court of International Trade
o The U.S. Court of Appeals has 13 courts of appealalso referred to as U.S. circuit courts of appeals. The federal courts of appeals for 12 of the circuits hear appeals from the district courts located within their respective judicial circuits. The 13th circuit, called the Federal circuit, has national appellate jurisdiction over certain types of cases, such as cases in which the U.S. government is a defendant. The decisions of the circuit courts are the final decisions unless a further appeal is pursued and granted.
o The United States Supreme Court is the highest of all the federal courts. In the early days it was predicted to be the least dangerous branch of the federal government because it had neither the power to raise any revenue and it lacked an enforcement agency. The Supreme Court Interprets and applies the laws. Although the Court reviews a minimal amount of cases each year, the decisions profoundly affect our lives. It is the final interpreter of the constitution, which means that it must also determine the meaning of certain statutory provisions applied when to specific situations. Consists of 9 judgesa chief justice and eight associate justices. Process to appeal to U.S. Supreme Court: There is no right to appeal to the U.S. Supreme court. With a writ of certiorari, the Supreme Court orders a lower court to send it the record of a case for review. More than 90% of the petitions for writs of certiorari are denied. The court will not issue a writ unless at least four justices approve of it. Although the justices do not need to give a reason to deny a case, the reason most often is based on whether the legal issue involves a substantial federal question.
Appellate procedure, opinions and decisions: The Supreme Court normally doesnt hear any evidence.
The case is based on written records and the written arguments that the attorneys submit. The attorneys also present oral arguments to the court, after which the justices discuss the case in conference (which is private and only for the justices). When the court has reached a decision, the chief justice (if in the majority) assigns the task of writing the courts opinion to one of the justices. The opinion outlines the reasons for the courts decision, the rules of law that apply and the decision. If one or more of the justices agree with the decision, but for a different reason than the majority opinion, then they may write concurring opinions setting forth their own legal reasoning on the issue. On the other hand, if justices disagree with the decision, they may write dissenting opinions outlining the reasons why they feel the majority erred. Although a dissenting opinion does not affect the outcome of the case, it might be important later in a case concerning the same issue.