U.S. judicial system: Difference between revisions
Pat Palmer (talk | contribs) mNo edit summary |
Pat Palmer (talk | contribs) mNo edit summary |
||
| Line 2: | Line 2: | ||
{{TOC|right}} | {{TOC|right}} | ||
The '''[[United States of America|U.S.]] judicial system''' is made up of a 3-level pyramid of courts that handle questions of federal law. There are separate, state systems for state laws. Federal cases start in one of the 94 first-level (lowest-level) [[United States District Courts|U.S. District Courts]], from which cases may be appealed to the appropriate one of the 13 [[United States Courts of Appeals|U.S. Courts of Appeals]], after which an appealed case may go to the [[Supreme Court of the United States|Supreme Court]]--but if and only if that court agrees to hear the appeal. The Supreme Court declines to hear many appeals, making the mid-level court's decision final. | The '''[[United States of America|U.S.]] judicial system''' is made up of a 3-level pyramid of courts that handle questions of federal law. The federal judicial system was created by Article III of the [[United States Constitution]] as a branch of government separate from and co-equal to the President and Congress. There are separate, state systems for state laws. Federal cases start in one of the 94 first-level (lowest-level) [[United States District Courts|U.S. District Courts]], from which cases may be appealed to the appropriate one of the 13 [[United States Courts of Appeals|U.S. Courts of Appeals]], after which an appealed case may go to the [[Supreme Court of the United States|Supreme Court]]--but if and only if that court agrees to hear the appeal. The Supreme Court declines to hear many appeals, making the mid-level court's decision final. | ||
There are also specialized [[United States Bankruptcy Court]]s and courts established under Congressional rather than Constitutional authority, such as the [[United States Court of Military Appeals]], [[United States Tax Court]], and [[United States Court of Veterans' Appeals]]. | There are also specialized [[United States Bankruptcy Court]]s and courts established under Congressional rather than Constitutional authority, such as the [[United States Court of Military Appeals]], [[United States Tax Court]], and [[United States Court of Veterans' Appeals]]. | ||
In addition, there is a system of [[administrative law]] bodies in various [[regulatory agency|regulatory agencies]], presided over by [[administrative law judge]]s who are usually civil servants. Decisions of these bodies usually may be appealed to the regular courts, beginning at the Circuit Court level. [[Military justice]] has a system of its own, using [[courts-martial]] at the lowest level; these can be appealed into the court system. Such appeals begin at the United States Court of Military Appeals. | In addition, there is a system of [[administrative law]] bodies in various [[regulatory agency|regulatory agencies]], presided over by [[administrative law judge]]s who are usually civil servants. Decisions of these bodies usually may be appealed to the regular courts, beginning at the Circuit Court level. [[Military justice]] has a system of its own, using [[courts-martial]] at the lowest level; these can be appealed into the court system. Such appeals begin at the United States Court of Military Appeals. | ||
| Line 14: | Line 12: | ||
==Warrants and detention== | ==Warrants and detention== | ||
Under the judicial system are persons and organization that exert supervision over arrest and surveillance. [[U.S. Magistrate]]s determine if a prisoner may be held in the absence of an [[indictment]] from a [[grand jury]]. The [[Foreign Intelligence Surveillance Court]] acts in secret, and authorizes warrants for electronic surveillance and other inherently [[clandestine operations]]. Magistrates and District Court judges authorize warrants in non-national security cases. | Under the judicial system are persons and organization that exert supervision over arrest and surveillance. [[U.S. Magistrate]]s determine if a prisoner may be held in the absence of an [[indictment]] from a [[grand jury]]. The [[Foreign Intelligence Surveillance Court]] acts in secret, and authorizes warrants for electronic surveillance and other inherently [[clandestine operations]]. Magistrates and District Court judges authorize warrants in non-national security cases. | ||
==Structure== | ==Structure== | ||
Revision as of 10:15, 4 April 2023
The U.S. judicial system is made up of a 3-level pyramid of courts that handle questions of federal law. The federal judicial system was created by Article III of the United States Constitution as a branch of government separate from and co-equal to the President and Congress. There are separate, state systems for state laws. Federal cases start in one of the 94 first-level (lowest-level) U.S. District Courts, from which cases may be appealed to the appropriate one of the 13 U.S. Courts of Appeals, after which an appealed case may go to the Supreme Court--but if and only if that court agrees to hear the appeal. The Supreme Court declines to hear many appeals, making the mid-level court's decision final.
There are also specialized United States Bankruptcy Courts and courts established under Congressional rather than Constitutional authority, such as the United States Court of Military Appeals, United States Tax Court, and United States Court of Veterans' Appeals.
In addition, there is a system of administrative law bodies in various regulatory agencies, presided over by administrative law judges who are usually civil servants. Decisions of these bodies usually may be appealed to the regular courts, beginning at the Circuit Court level. Military justice has a system of its own, using courts-martial at the lowest level; these can be appealed into the court system. Such appeals begin at the United States Court of Military Appeals.
Judges (or justices in the case of the Supreme Court) are nominated by the President and confirmed by the U.S. Senate, under the concept of checks and balances. The traditional language is that the President appoints with the "advice and consent" of the Senate.
Warrants and detention
Under the judicial system are persons and organization that exert supervision over arrest and surveillance. U.S. Magistrates determine if a prisoner may be held in the absence of an indictment from a grand jury. The Foreign Intelligence Surveillance Court acts in secret, and authorizes warrants for electronic surveillance and other inherently clandestine operations. Magistrates and District Court judges authorize warrants in non-national security cases.
Structure
First-level Courts
There are 94 District Courts, created on the basis of population, so a district might be small and significant, as with the Southern District of Manhattan, or cover a large but sparsely populated or territory. Bankruptcy courts are geographic but separate from the district courts.
In addition, there are two first-level courts with national jurisdiction: The Court of International Trade and the United States Court of Federal Claims.
Appeals Courts
At the next level are 11 multistate Circuits, and the United States Court of Appeals for the District of Columbia Circuit. The latter is also known as the Federal Circuit, which has has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws and cases decided by the Court of International Trade and the Court of Federal Claims. The Court of Military Appeals is also at the second level.