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 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 fr ...
and reassigned the jurisdiction of most routine appeals from the
district A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions o ...
circuit Circuit may refer to: Science and technology Electrical engineering * Electrical circuit, a complete electrical network with a closed-loop giving a return path for current ** Analog circuit, uses continuous signal levels ** Balanced circui ...
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 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 filed in 1890 to 379 in 1891 and 275 in 1892). The Act also eliminated the requirement of " circuit riding" by Supreme Court justices under which the justices sat as trial judges on the U.S. circuit courts. The circuit courts themselves remained in existence, although without their former appellate jurisdiction, until they were abolished and their trial jurisdiction transferred to the district courts by the Judicial Code of 1911. The Act allowed certain types of cases to be appealed directly to the Supreme Court (bypassing the new circuit courts of appeals), such as convictions for capital crimes; cases involving the construction or application of the United States Constitution; or cases in which a federal law or treaty or a state constitution or law was alleged to violate the U.S. Constitution.

See also

* Certificate of division

External links

Judiciary Act of 1891
statute text

''Landmark Judicial Legislation'' at the Federal Judicial Center 1891 in American law
1891 Events January–March * January 1 ** Paying of old age pensions begins in Germany. ** A strike of 500 Hungarian steel workers occurs; 3,000 men are out of work as a consequence. ** Germany takes formal possession of its new Af ...
History of the Supreme Court of the United States