United States federal judiciary
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The federal judiciary of the United States is one of the three branches of the
federal government of the United States The federal government of the United States (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States, a federal republic in North America, composed of 50 U.S. state, states ...
organized under the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. This founding document, originally comprising seven articles, delineates the national frame of government. Its first t ...
and
laws Law is a system of rules created and law enforcement, enforced through social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has be ...
of the federal government. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their
jurisdiction Jurisdiction (from Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the ...
. Article III states that federal judges are appointed by the
president President most commonly refers to: *President (corporate title) A president is a leader of an organization, company, community, club, trade union, university or other group. The relationship between a president and a Chief Executive Officer, chi ...

president
with the consent of the
Senate The Curia Julia in the Roman Forum ">Roman_Forum.html" ;"title="Curia Julia in the Roman Forum">Curia Julia in the Roman Forum A senate is a deliberative assembly, often the upper house or Debating chamber, chamber of a bicameral legislatu ...
to serve until they resign, are impeached and convicted, or die.


Courts

All federal courts can be readily identified by the words "United States" (abbreviated to "U.S.") in their official names; no state court may include this designation as part of its name. The federal courts are generally divided between trial courts which hear cases in the first instance, and appellate courts which review specific contested decisions made by lower courts. The
United States district court#REDIRECT United States district court The United States district courts are the general trial court A trial court or court of first instance is a court A court is any person or institution, often as a government institution, with the aut ...
s (one in each of the 94 federal judicial districts, and three territorial courts) are general federal trial courts, although in certain cases Congress has diverted original jurisdiction to specialized courts, such as the
Court of International Trade The United States Court of International Trade (case citation Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style tha ...
, the
Foreign Intelligence Surveillance Court The United States Foreign Intelligence Surveillance Court (FISC, also called the FISA Court) is a U.S. federal court established and authorized under the Foreign Intelligence Surveillance Act The Foreign Intelligence Surveillance Act of 19 ...
, the Alien Terrorist Removal Court, or to Article I or Article IV tribunals. The district courts usually have jurisdiction to hear appeals from such tribunals (unless, for example, appeals are to the United States Court of Appeals for the Federal Circuit, Court of Appeals for the Federal Circuit.) The United States courts of appeals are the intermediate federal appellate courts. They operate under a system of mandatory review which means they ''must'' hear all appeals of right from the lower courts. In some cases, Congress has diverted appellate jurisdiction to specialized courts, such as the United States Foreign Intelligence Surveillance Court of Review, Foreign Intelligence Surveillance Court of Review. The federal courts of appeals sit permanently in 13 appellate circuits (11 regional circuits as well as a United States Court of Appeals for the District of Columbia Circuit, DC Circuit and the United States Court of Appeals for the Federal Circuit, Federal Circuit). Note that there are several other federal courts that bear the phrase "Court of Appeals" in their names, but they are not Federal tribunals in the United States#Article III courts, Article III courts and are not considered to sit in appellate circuits. The Supreme Court of the United States is the Supreme court, court of last resort. It generally hears appeals from the courts of appeals (and sometimes state courts), operating under Procedures of the Supreme Court of the United States#Selection of cases, discretionary review, which means that the Supreme Court can choose which cases to hear, by granting writs of certiorari. There is therefore generally no basic right of appeal that extends automatically all the way to the Supreme Court. In a few situations (like lawsuits between state governments or some cases between the federal government and a state) it sits as a court of original jurisdiction.


Other tribunals

Besides these federal courts, described as Article III courts, there are other adjudicative bodies described as Article I or Article IV courts in reference to the article of the Constitution from which the court's authority stems. There are a number of Article I courts with appellate jurisdiction over specific subject matter including the United States Court of Appeals for Veterans Claims, Court of Appeals for Veterans Claims and the United States Court of Appeals for the Armed Forces, Court of Appeals for the Armed Forces, as well as Article I courts with appellate jurisdiction over specific geographic areas such as the District of Columbia Court of Appeals. The Article I courts with original jurisdiction over specific subject matter include the United States bankruptcy court, bankruptcy courts (for each district court), the United States immigration court, immigration courts, the United States Court of Federal Claims, Court of Federal Claims, and the United States Tax Court, Tax Court. Article Four of the United States Constitution, Article IV courts include the High Court of American Samoa and United States territorial court, territorial courts such as the District Court for the Northern Mariana Islands, District Court of Guam, and District Court of the Virgin Islands.


Judges

Federal judges, like Supreme Court justices, are appointed by the
president President most commonly refers to: *President (corporate title) A president is a leader of an organization, company, community, club, trade union, university or other group. The relationship between a president and a Chief Executive Officer, chi ...

president
with the consent of the
Senate The Curia Julia in the Roman Forum ">Roman_Forum.html" ;"title="Curia Julia in the Roman Forum">Curia Julia in the Roman Forum A senate is a deliberative assembly, often the upper house or Debating chamber, chamber of a bicameral legislatu ...
to serve until they resign, are impeached and convicted, retire, or die. In April 2013, about 10 percent of federal seats were vacant, with 85 of 856 positions unfilled and 4 vacancies on the prestigious United States Court of Appeals for the District of Columbia Circuit, Court of Appeals for the District of Columbia Circuit. The high vacancy rate has been attributed to politics, particularly Filibuster in the United States Senate, Senate filibustering of potential appointees by Senators.The Editorial Board. (2013)
Courts Without Judges
''NYTimes''.
In many cases there is no nominee for the position; however, the Senate has a tradition of senatorial courtesy in which nominees are only considered if the home senators approve. In May 2013 Congressional Research Service published a paper analyzing the vacancies and appointment process. Under Article One of the United States Constitution, Article I of the federal Constitution, Congress also has the power to establish other tribunals, which are usually quite specialized, within the executive branch to assist the president in the execution of his or her powers. Judges who staff them normally serve terms of fixed duration, as do United States magistrate judge, magistrate judges who assist Article III judges. Judges in Article I tribunals attached to executive branch agencies are referred to as administrative law judges (ALJs) and are generally considered to be part of the executive branch even though they exercise quasi-judicial powers. With limited exceptions, they cannot render final judgments in cases involving life, liberty, and private property rights, but may make preliminary rulings subject to review by an Article III judge.


Administration

* The Judicial Conference of the United States is the policymaking body of the U.S. federal courts. The conference is responsible for creating and revising federal procedural rules pursuant to the Rules Enabling Act. * The Administrative Office of the United States Courts is the primary support agency for the U.S. federal courts. It is directly responsible to the Judicial Conference. The AO prepares the judiciary's budget, provides and operates secure court facilities, and provides the clerical and administrative staff essential to the efficient operation of the courts. * The judicial council (United States), judicial councils are panels within each United States courts of appeals, circuit charged with making "necessary and appropriate orders for the effective and expeditious administration of justice". * The Federal Judicial Center is the primary research and education agency for the U.S. federal courts. * The Judicial Panel on Multidistrict Litigation transfers and consolidates cases in multiple judicial districts that share common factual issues. * The United States Marshals Service is an Executive Branch agency that is responsible for providing protection for the federal judiciary and transporting federal prisoners. * The Supreme Court Police provide security for the United States Supreme Court Building, Supreme Court building.


Legal procedure

The Supreme Court has interpreted the Constitution as placing some additional restrictions on the federal courts. For example, the doctrines of mootness, ripeness, and standing (law), standing prohibit district courts from issuing advisory opinions. Other doctrines, such as the abstention doctrine and the Rooker-Feldman doctrine, ''Rooker-Feldman'' doctrine limit the power of lower federal courts to disturb rulings made by State court (United States), state courts. The Erie doctrine, ''Erie'' doctrine requires federal courts to apply substantive state law to claims arising from state law (which may be heard in federal courts under supplemental or diversity jurisdiction). In difficult cases, the federal courts must either guess as to how a court of that state would decide the issue or, if that state accepts certified questions from federal courts when state law is unclear or uncertain, ask an appellate court of that state to decide the issue. Notably, the only federal court that can issue proclamations of federal law that bind state courts is the Supreme Court itself. Decisions of the lower federal courts, whether on issues of federal law or state law (i.e., the question was not certified to a state court), are persuasive but not binding authority in the states in which those federal courts sit. Some commentators assert that another limitation upon federal courts is executive nonacquiescence in judicial decisions, where the executive simply refuses to accept them as binding precedent. In the context of administration of U.S. internal revenue laws by the Internal Revenue Service, nonacquiescences (published in a series of documents called Actions on Decisions) "generally do not affect the application of stare decisis or the rule of precedent". The IRS "will recognize these principles and generally concede issues accordingly during administrative proceedings." In rare cases, however, the IRS may continue to litigate a legal issue in a given circuit even where the IRS has already lost a case on that issue in that circuit.


History

The Articles of Confederation provided a clear basis for the initial establishment of United States of America judicial authority by Congress prior to the Constitution. This authority, enumerated by Article IX, allowed for the establishment of United States jurisdiction in the trial of piracy, piracies and felonies committed on the high seas, final appeals from state court decisions in all cases of prize (law), captures of enemy ships, last resort for resolution of disputes between two or more states (including disputes over borders and jurisdiction), and final determination of controversies between private parties arising from conflicting land grants issued by two or more states prior to settlement of which state actually has jurisdiction over the territory. The Court of Appeals in Cases of Capture was the first United States Court established by the United States. Additional United States courts were established to adjudicate border disputes between the states of Connecticut and Pennsylvania, New York (state), New York and Massachusetts, Georgia (U.S. state), Georgia and South Carolina. Lastly, a United States court was established for the Northwest Territory. When the Constitution Coming into force, came into force in 1789, Congress gained the authority to establish the federal judicial system as a whole. Only the Supreme Court was established by the Constitution itself. The Judiciary Act of 1789 created the first inferior (i.e., lower) federal courts established pursuant to the Constitution and provided for the first Article III judges. Virtually all U.S. law schools offer an elective course that focuses specifically on the powers and limitations of U.S. federal courts, with coverage of topics such as justiciability, abstention doctrines, the abrogation doctrine, and habeas corpus.Michael L. Wells,
A Litigation-Oriented Approach to Teaching Federal Courts
'', 53 St. Louis U. L.J. 857 (2009).


See also

*PACER (law), PACER (Public Access to Court Electronic Records) *CM/ECF (Case Management/Electronic Case Files) *List of courts of the United States (outline of all state and federal courts in the United States) *Federal Rules of Civil Procedure *State supreme courts of the United States *Uniformity and jurisdiction in U.S. federal court tax decisions


References


Further reading


Federal Court Concepts, Georgia TechCreating the Federal Judicial SystemDebates on the Federal Judiciary: A Documentary HistoryHistory of the Courts of the Federal JudiciaryCourtWEB, Online Federal Court Opinions Information System


External links

* {{Judiciaries of the United States Federal judiciary of the United States, United States federal courts, Courts in the United States, Federal