U.S. Courts Of Appeals
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U.S. Courts Of Appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders, the District of Columbia Circuit, which covers only Washington, D.C., and the Federal Circuit, which hears appeals from federal courts across the United States in cases involving certain specialized areas of law. The courts of appeals also hear appeals from some administrative agency decisions and rulemaking, with by far the largest share of these cases heard by the D.C. Circuit. Appeals from decisions of the courts of appeals can be taken to the U.S. Supreme Court. The United States courts of appeals are considered the most powerful and influential courts in the United States after the Supreme Court. Because of their ability to set legal precedent in regions that cover millions of Amer ...
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US Court Of Appeals And District Court Map
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Ameri ...
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United States Court Of Appeals For The Fifth Circuit
The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * Middle District of Louisiana * Western District of Louisiana * Northern District of Mississippi * Southern District of Mississippi * Eastern District of Texas * Northern District of Texas * Southern District of Texas * Western District of Texas The Fifth Circuit has 17 active judgeships, and is headquartered at the John Minor Wisdom United States Court of Appeals Building in New Orleans, Louisiana, with the clerk's office located at the F. Edward Hebert Federal Building in New Orleans. Originally, the Fifth Circuit also included the federal district courts in Alabama, Georgia, and Florida. In 1981, the district courts for those states were transferred to the newly created U.S. Court of Appeals for the Eleventh Circuit. History of ...
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Brief (law)
A brief (Old French from Latin "''brevis''", short) is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales (and other Commonwealth countries, e.g., Australia) the phrase refers to the papers given to a barrister when they are instructed. Language :Pre-Trial briefs are exchanged between parties at a date set during the pre-trial conference to argue matters under consideration before trial.Federal Rules of Civil Procedure 16(C)(2) :Trial briefs are presented at trial to resolve a disputed point of evidence. :Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. :: Merit briefs (or briefs on the merits) refers to briefs on the inherent rights and wrongs of a case, absent any emotional or technical biases :: Amicus briefs refer to briefs filed by persons not directly party to the case. These are often groups that have a direct int ...
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Original Jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on other side or cases between different states. Original jurisdiction is related to cases directly brought to the Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the Constitution of India grants original jurisdiction to the Supr ...
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Trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearing (law), Hearings before administrative body, administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the ...
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Judiciary Act Of 1891
The Judiciary Act of 1891 ({{USStat, 26, 826), 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 United States district court, district and United States circuit court, circuit courts to these appellate courts. Therefore, it is also called the Circuit Courts of Appeals Act. The Act created nine new courts that were originally known as the "United States circuit courts of appeals;" the name was changed to its current form in 1948. Each court was composed of two circuit judges and one district judge. The new courts had jurisdiction over most appeals of lower court decisions. The Supreme Court of the United States, Supreme Court could review either legal issues that a court of appeals certified or decisions of court of appeals by writ of certiorari. The change resulted in an immediate reduction in the Supreme Court's workload (from 623 cases fi ...
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Trial Court
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Most appellate courts do not have the authority to hear testimony or take evidence, but instead rule solely on matters of law. In the trial court, evidence and testimony are admitted under the rules of evidence established by applicable procedural law and determinations called ''findings of fact'' are made based on the evidence. The court, presided over by one or more judges, makes ''findings of law'' based upon the applicable law. In most common law jurisdictions, the trial court often sits with a jury and one judge; in such jury trials, the jury acting as trier of fact. In some cases, the judge or judges act as triers of both fact and law, by either statute, custom, or agreement of the parties; this is referred to as a bench trial. In the ...
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United States Circuit Court
The United States circuit courts were the original intermediate level courts of the United States federal court system. They were established by the Judiciary Act of 1789. They had trial court jurisdiction over civil suits of diversity jurisdiction and major federal crimes. They also had appellate jurisdiction over the United States district courts. The Judiciary Act of 1891 (, also known as the Evarts Act) transferred their appellate jurisdiction to the newly created United States circuit courts of appeals, which are now known as the United States courts of appeals. On January 1, 1912, the effective date of the Judicial Code of 1911, the circuit courts were abolished, with their remaining trial court jurisdiction transferred to the U.S. district courts. During the 100 years that the Justices of the U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction ...
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United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires ...
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United States Court Of Appeals For The Ninth Circuit
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District of Alaska * District of Arizona * Central District of California * Eastern District of California * Northern District of California * Southern District of California * District of Hawaii * District of Idaho * District of Montana * District of Nevada * District of Oregon * Eastern District of Washington * Western District of Washington The Ninth Circuit also has appellate jurisdiction over the territorial courts for the District of Guam and the District of the Northern Mariana Islands. Additionally, it sometimes handles appeals that originate from American Samoa, which has no district court and partially relies on the District of Hawaii for its federal cases.https://www.gao.gov/products/GAO-08-1124T GAO (U.S. Government Accountabil ...
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United States Court Of Appeals For The First Circuit
The United States Court of Appeals for the First Circuit (in case citations, 1st Cir.) is a federal court with appellate jurisdiction over the district courts in the following districts: * District of Maine * District of Massachusetts * District of New Hampshire * District of Puerto Rico * District of Rhode Island The court is based at the John Joseph Moakley Federal Courthouse in Boston, Massachusetts. Most sittings are held in Boston, where the court usually sits for one week most months of the year; in one of July or August, it takes a summer break and does not sit. The First Circuit also sits for one week each March and November at the Jose V. Toledo Federal Building and United States Courthouse in Old San Juan, Puerto Rico, and occasionally sits at other locations within the circuit. With six active judges and four active senior judges, the First Circuit has the fewest judges of any of the thirteen United States courts of appeals. Since retiring from the Uni ...
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Westlaw
Westlaw is an online legal research service and proprietary database for lawyers and legal professionals available in over 60 countries. Information resources on Westlaw include more than 40,000 databases of case law, state and federal statutes, administrative codes, newspaper and magazine articles, public records, law journals, law reviews, treatises, legal forms and other information resources. Most legal documents on Westlaw are indexed to the West Key Number System, which is West's master classification system of U.S. law. Westlaw supports natural language and Boolean searches. Other significant Westlaw features include KeyCite, a citation checking service, which customers use to determine whether cases or statutes are still good law, and a customizable tabbed interface that lets customers bring their most-used resources to the top. Other tabs organize Westlaw content around the specific work needs of litigators, in-house corporate practitioners, and lawyers who specializ ...
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