Circuit Courts Case Study

Great Essays
The federal judiciary branch consists of ninety-three district courts, thirteen circuit courts of appeals, and one Supreme Court. The Supreme Court is authorized under Article III of the Constitution. District and circuit courts are created by congressional statutes and can be eliminated or reorganized (Ginsberg et al. 609). All federal judges, except for judges of certain specialized or territorial courts, are appointed by the president for life. The president will discuss a lower federal court nominee with the senator from the nominee’s state. This practice of senatorial courtesy allows senators to have input on a selection whose rulings will impact their state. District courts are arranged geographically and have original jurisdiction …show more content…
These courts do not hold trials since they only have appellate jurisdiction. They will review the lower court’s ruling and case documents for errors in the application of the law. All decisions based on these submissions are final and binding. Since the Supreme Court hears few cases per year, the rulings of the circuit courts of appeals can be quite powerful and affect not only the lower federal courts but also the large population of citizens within their geographic domain. Due to the potential impact and finality of a ruling, each case is reviewed by more than one judge and a Supreme Court justice is assigned to oversee the entire circuit court system and handle any questions or requests arising from the circuit courts. The Supreme Court is the highest court in the United States. Article II Section 3 gives the Supreme Court original jurisdiction over conflicts involving states and cases revolving around foreign ambassadors or other official representatives. The Supreme Court has appellate jurisdiction over all lower courts, including state courts when federal laws are involved. The Court consists of nine justices including a chief justice who are …show more content…
Common law was brought over from England and was the template from which the framers developed the Constitution. Sometimes referred to as judge made law, common law relies heavily on precedents established by a previous judge’s interpretation of a statute. Statutory law is law that is made by a deliberative or legislative body such as Congress. The state speed limit is an example of a statutory law. Administrative law is law that is created, enforced, and adjudicated by government agencies. For instance, many years ago I worked with the Occupational Safety and Health Administration (OSHA) as a safety officer. There were thousands of detailed regulations and administrative laws written by OSHA, some incomprehensible and ridiculous, for which I had to verify compliance and in cases of non compliance, issue the appropriate sanction. The final source of law, equity law, is law that is made at the discretion of a judge, such as a restraining order or

Related Documents

  • Superior Essays

    Question #1: The first compromise was the decision to replace the Articles of Confederation rather than amend it. The initial plan of the Constitutional Convention attendees was to amend the Articles of Confederation. Two attendees, Governor Randolph from Virginia and William Patterson from New Jersey, shared their own modifications early on, known as the Virginia Plan and the New Jersey Plan. As these plans were discussed, it became obvious that a new document was needed.…

    • 1229 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The courts are dependent upon a decision, which is orchestrated within the ground of a higher court, thus being binding on the lower courts. The Australian High Courts responsibility in analyzing the interpretation of the Constitution is crucial. It must adhere to being independent from both state and the Commonwealth, in order for it to protect the distribution of powers. The Supreme Court is the highest jurisdiction in each state or territory.…

    • 820 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    They consider appeals from Alabama’s municipal courts as well as appeals from misdemeanor and felony cases. The Supreme Court of Alabama is Alabama’s highest court. The Supreme Court of Alabama has jurisdiction to consider appeals from Alabama’s lower courts. This court consists of 8 associate justices and 1 chief justice.…

    • 1211 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    John Marshall’s argument for the ability to have judicial review is considered to be one of, if not the most important documents in judicial history. Marbury vs. Madison was the first important case that was during Marshall’s jurisdiction. The argument that John Marshall has put forth is a worthy one and it should be stated that initially only 11 of the 55 delegates to the Constitutional Convention wanted the ability to have judicial review. Even with this being stated, I agree with John Marshall doctrine. Every five years there is an election for the Justice of Peace, and this is one of the main topics of this case.…

    • 1129 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    The Georgia court system consists of a Municipal Court, Magistrate Court, Probate Court, Juvenile Court, State Court, Superior Court, Court of Appeals and the Supreme Court. The Municipal Court has three hundred and seventy courts with three hundred and fifty two active Judges. The Municipal Court handles traffic offenses, local ordinance violations, conduct preliminary hearings, issue warrants, and they may handle misdemeanor shoplifting and possession of marijuana cases. The Judges in the Municipal Court can be appointed by the mayor or elected.…

    • 439 Words
    • 2 Pages
    Improved Essays
  • Great Essays

    Chief Justice John Roberts The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office. The modern Supreme court is As envisioned in Article 3 of the constitution by the framers still the same, one of the 3 branches of government. It does play a more prominent role in our everyday lives than what the framers envisioned it.…

    • 1649 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    The Federal Court System

    • 1072 Words
    • 5 Pages

    Our Federal Court system is primarily composed of three high power jurisdictions that operate much differently than that of the state courts. Federal Courts consist of federal district courts, United States courts of appeal, and the Supreme Court of the United States; however, these courts have limitations in cases that solely focus on the Constitution and federal law. Federal district courts are considered general trial courts that consist of over six hundred and seventy-five district court judges nationwide, and they have ranked the lowest courts out of the entire federal court system. United States courts of appeal, however, are ranked second in the system and are composed of six judges on the first circuit and can reach up to twenty-nine…

    • 1072 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Circuit courts, similar to district courts, hold only a single type of jurisdiction, that being appellant. The Supreme Court is unique in both of these aspects as it has both original and appellant jurisdiction, depending on the case. Each type of court has its own unique characteristics. Consisting of 94 courts, district courts are the only courts which have a jury, there is only one, single judge in each case, it is the only level where witness testimony is heard, and is the only level where guilt or innocence is determined. Appeals courts are split up in 13 different circuits and hear appeals from district court cases in their respective circuits only.…

    • 380 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    When a case is first brought to court, the power of a court to hear it is called original jurisdiction. Original jurisdiction is exclusive. If a settlement cannot be reached by both parties involved, the Supreme Court is the only court with authority to take jurisdiction under the constitution (Bohn& Haley, 2012). Appellate jurisdiction differs from the original jurisdiction because it refers to the power of a court to hear appeals from the lower courts. Appellate courts have the ability to modify a lower court's decision (Bohn& Haley, 2012).…

    • 219 Words
    • 1 Pages
    Improved Essays
  • Decent Essays

    All death penalty cases and DNA forensic testing cases have an automatic appeal to the Court of Criminal Appeals. Both courts have “nine justices who serve six-year terms. The judges are elected in the general election”, (Brown, pg. 413). The Supreme Court also have the power to answer any questions regarding state law. The duties of the Supreme Court also handles disciplinary actions of judges and attorneys.…

    • 249 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    The court structure in the United States is a dual court system. This means that there is a separate federal system and a separate judicial system locally and for each of the states. The United States Supreme Court is the only place where these two systems connect. The courts have jurisdiction which gives them the authority to hear and decide cases. These jurisdictions are composed of the original jurisdiction, which has the authority to hear the case when it is first brought to the courts.…

    • 474 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    The Dual Court System

    • 1104 Words
    • 5 Pages

    The kind of cases handled by the federal district courts are cases relating to alleged Constitutional violations, maritime cases, cases that directly involve a state, cases involving the federal government, and cases that include foreign governments or citizens. The appeals court, on the other hand, addresses exactly what it sounds like. It has direct jurisdiction in cases that involve a challenge to an order of a federal regulatory agency, such as the Securities and Exchange Commission or Department of Homeland Security. There are also a few exceptions to federal jurisdiction, such as the military justice system, which is special and applies only to members of the United States Military and is carried out in the form of non judicial punishments and court martial proceedings (Supreme Court of The United States,…

    • 1104 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    The Fifteenth Amendment guarantees that the "right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. "(Library of Congress). This means, in theory, that any US citizen should be able to vote no matter what their background. But the limits of this amendment are very apparent. This amendment does not guarantee rights of black women, they were not able to vote until 1920, earned with the rise of the woman’s suffrage movement.…

    • 1403 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Duel Court System

    • 729 Words
    • 3 Pages

    As the highest court in the United States, the Supreme Court has the lawful authority provided Article III of the U.S. Constitution created the Supreme Court and “authorized Congress to pass laws establishing a system of lower courts. In the federal court system’s present form, 94 district level trial courts and 13 courts of appeals sit below the Supreme Court.” This means that regardless of status of status, the Supreme Court has the final decision. The Plethora of Court…

    • 729 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    The two Supreme Court systems in Texas are the Court of Criminal Appeals and Texas Supreme Court. According to utexas.edu, the Court of Criminal Appeals “is the highest state court for appeals resulting from criminal cases. This court has statewide, final appellate jurisdiction over criminal cases. It also makes rules of post-trial and appellate procedure for criminal cases.…

    • 744 Words
    • 3 Pages
    Improved Essays