INTRODUCTION TO THE JUDICIAL BRANCH
3 Levels:
- Supreme
- Appeals
- District
- No federal courts existed under the Articles of Confederation
- Constitution created the Supreme Court
- Gave Congress power to create lower courts
- Congress has created 2 types:
- District (1789)
- Appeals (1891)
I. District Courts
- jurisdiction covers geographic area
- each state has between 1-4 districts (NC has 3)
- they are the only federal courts to hold jury trials
- judge decides punishment
- jurisdiction covers…
- federal laws
- constitutional rights
- disputes between states
- suits involving the US government
- patent/copyright laws
- trial held in state of the crime
- ensure to fairness
- easier to call witnesses
- judges are free from political influence
- serve for life
- salary cannot be reduced
II. Appeals Courts (also called circuit courts)
- "middle level" of federal court system
- created to ease burden on Supreme Court
- only has "appellate jurisdiction"
- each appeals court hears cases from a larger area called a "circuit" (there are 13 circuits in the US; NC is in the 4th circuit)
- each court has between 6-27 judges (it depends on the size and workload of the circuit)
- panels of 3 judges hear cases (no jury)
- appeals courts DO NOT rule on guilt/innocence
- they rule on the fairness of cases
- possible rulings…
- uphold rulings (agree with the earlier decision)
- overturn earlier ruling
- return the case for a new trial (this is called a remand)
Back to ELP Assignment Page