Descriptions of Federal Courts - Washington and Lee University

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Descriptions of Federal Courts

Court Name U.S. Supreme Court U.S. Courts of Appeal (aka Federal Circuit Courts)

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Armed Forces

U.S. District Courts

U.S. Bankruptcy Courts U.S. Magistrate Courts

Description

The Court consists of nine justices, appointed for life by the President, with the advice and consent of the U.S. Senate. It reviews decisions of lower federal courts and the highest state courts, issuing approximately 150 opinions per year.

The intermediate appellate courts in the federal system are the courts of appeals. Twelve of these courts have jurisdiction over cases from certain geographic areas. The Court of Appeals for the Federal Circuit has national jurisdiction over specific types of cases (see below). Appellate judges are appointed for life by the President, with the advice and consent of the U.S. Senate. Each court of appeals consists of six or more judges, depending on the caseload of the courts.

The court hears appeals in cases from the U.S. Court of Federal Claims, the U.S. Court of International Trade, the U.S. Court of Veterans Appeals, the International Trade Commission, the Board of Contract Appeals, the Patent and Trademark Office, and the Merit Systems Protection Board. The Federal Circuit also hears appeals from certain decisions of the secretaries of the Department of Agriculture and the Department of Commerce, and cases from district courts involving patents and minor claims against the federal government. The court has 12 judges, who are appointed for life by the President, with the advice and consent of the U.S. Senate. The court is located in Washington, D.C.

The court's jurisdiction is worldwide but encompasses only questions of law arising from trials by court martial in the United States Army, Navy, Air Force, Marine Corps, and Coast Guard in cases where a death sentence is imposed, where a case is certified for review by the Judge Advocate General of the accused's service, or where the accused, who faces a severe sentence, petitions and shows good cause for further review. Such cases are subject to further review by the Supreme Court of the United States. The five judges of the U.S. Court of Appeals for the Armed Forces are civilians appointed for 15-year terms by the President, with the advice and consent of the U.S. Senate. The court is located in Washington, D.C.

Most federal cases are initially tried and decided in the U.S. district courts, the federal courts of general trial jurisdiction. There are 94 district courts in the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the territories of Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. A district may itself be divided into divisions and may have several places where the court hears cases. Each district court also has a bankruptcy unit (see below). With the exception of the three territorial courts, all district court judges are appointed for life by the President, with the advice and consent of the U.S. Senate.

Each district court has a bankruptcy unit which hears and decides petitions of individuals and businesses seeking relief from bankruptcy. Bankruptcy judges are appointed by the court of appeals for a term of 14 years.

The judges of each district appoint one or more magistrate judges, who discharge many of the ancillary duties of district judges. There are both full-time and part-time magistrate judge positions. Magistrate judges handle a variety of civil and criminal matters, as directed by the local district court rules. They may administer oaths on criminal complaints and affidavits in

Court Name

Description

support of search warrants, issue arrest warrants or summons on findings of probable cause in criminal complaints, issue search warrants, advise arrested persons of their rights, conduct preliminary hearings in criminal cases, appoint counsel and set bail and conditions of arrest, and try and sentence persons accused of misdemeanors. In addition, magistrate judges may serve as special masters in civil actions and proceedings, conduct pretrial or discovery proceedings, perform preliminary review of applications for post-conviction relief, and serve as judge for civil trials.

U.S. Tax Court

The Court decides controversies between taxpayers and the Internal Revenue Service involving payment of federal income, gift, and estate taxes. Its decisions may be appealed to the federal courts of appeals and are subject to the review of the U.S. Supreme Court. The 19 tax court judges are appointed by the President for terms of 15 years. The Tax Court hears cases in approximately 80 cities. Its offices are located in Washington, D.C.

U.S. Court of Federal Claims

The U.S. Court of Federal Claims has nationwide jurisdiction over cases including tax refunds, federal taking of private property for public use, constitutional and statutory rights of military personnel and their dependents, back-pay demands from civil servants claiming unjust dismissal, persons injured by childhood vaccines, and federal government contractors suing for breach of contract. Most suits against the government for money damages in excess of $10,000 must be tried here. However, the district courts have exclusive jurisdiction over tort claims (a civil wrong or breach of duty) and concurrent jurisdiction over tax refunds. The U.S. Court of Federal Claims also hears appeals of decisions of the Indian Claims Commission and has jurisdiction to review certain cases involving federal government contractor disputes. The 16 judges are appointed for terms of 15 years by the President, with the advice and consent of the U.S. Senate. The court's headquarters are in Washington, D.C.

U.S. Court of International Trade

The court decides cases involving international trade and customs duties, and it has the same powers in law and equity as the district courts. Most of its cases concern the classification and valuation of imported merchandise, customs duties, and unfair import practices by trading partners. The nine judges are appointed for life by the President, with the advice and consent of the U.S. Senate. The court sits in New York City.

U.S. Court of Veterans= Appeals

The court exercises exclusive jurisdiction over the decisions of the Board of Veterans' Appeals on the motion of claimants. Such cases include all types of veterans' and survivors' benefits, mainly disability benefits, and also loan eligibility and educational benefits. The court has seven judgeships. The judges of the court are appointed by the President, with the advice and consent of the U.S. Senate. The court is based in Washington, D.C., but as a national court, it may sit anywhere in the United States.

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