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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 national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a fede ...
organized under the
United States Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
and
laws Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vari ...
of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals. 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 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. J ...
. Article III states that
federal judges Federal judges are judges appointed by a federal level of government as opposed to the state/provincial/local level. United States A US federal judge is appointed by the US President and confirmed by the US Senate in accordance with Article 3 of ...
are appointed by the
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
with the consent of the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
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.


U.S. Supreme Court

The
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. Federal tribunals in the United States, federal court cases, and over Stat ...
is the
court of last resort A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. It generally hears appeals from the courts of appeals (and sometimes state courts), operating under
discretionary review Discretionary review is the authority appellate courts have to decide which appeals they will consider from among the cases submitted to them. This offers the judiciary a filter on what types of cases are appealed, because judges have to consider i ...
, which means that the Supreme Court can choose which cases to hear, by granting writs of
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
. 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.


U.S. Courts of Appeals

The
United States courts of appeals The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals f ...
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 Foreign Intelligence Surveillance Court of Review. The U.S. Courts of Appeals are divided into 13 "Circuits": 12 regional Circuits, numbered First through Eleventh, and the District of Columbia Circuit; and a 13th circuit, the
Federal Circuit The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal court ...
, which has special jurisdiction over appeals involving certain specialized areas of law, such as
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
s and
trademark A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from ot ...
s. Although several other federal courts bear the phrase "Court of Appeals" in their names—such as the U.S. Court of Appeals for Veterans Claims—they are not Article III courts and are not considered to sit in appellate circuits.


U.S. District Courts

The
United States district court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district co ...
s are the general federal trial courts. There are 94 U.S. District Courts, one for each of the 94 federal judicial districts. The U.S. District Courts and federal judicial districts are organized according to U.S. state boundaries. Depending on a state's population, it may be covered by only a single district court, such as the U.S. District Court for the District of Alaska, or by up to four district courts, such as the U.S. District Courts for the
Northern Northern may refer to the following: Geography * North, a point in direction * Northern Europe, the northern part or region of Europe * Northern Highland, a region of Wisconsin, United States * Northern Province, Sri Lanka * Northern Range, a r ...
, Eastern,
Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...
, and Southern Districts of New York. 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 citations: Int'l Trade or Intl. Trade) is a U.S. federal court that adjudicates civil actions arising out of U.S. customs and international trade laws. Seated in New York City, it exercise ...
, 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 under the Foreign Intelligence Surveillance Act of 1978 (FISA) to oversee requests for surveillance warrants aga ...
, the
Alien Terrorist Removal Court The United States Alien Terrorist Removal Court is a special court in the United States created in 1996 which has never conducted proceedings. It consists of five Article III judges, selected by the Chief Justice of the United States. Its job i ...
, 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
Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal court ...
.)


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
Court of Appeals for Veterans Claims A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordanc ...
and the
Court of Appeals for the Armed Forces The United States Court of Appeals for the Armed Forces (in case citations, C.A.A.F. or USCAAF) is an Article I tribunals, Article I court that exercises worldwide appellate jurisdiction over members of the United States Armed Forces on active ...
, as well as Article I courts with appellate jurisdiction over specific geographic areas such as the
District of Columbia Court of Appeals The District of Columbia Court of Appeals is the highest court of the District of Columbia, in the United States. Established in 1970, it is equivalent to a state supreme court, except that its authority is derived from the United States Cong ...
. The Article I courts with original jurisdiction over specific subject matter include the bankruptcy courts (for each district court), the Court of Federal Claims, and the
Tax Court Tax courts are courts of limited jurisdiction that deal with tax issues. Notable examples include: *United States Tax Court, a United States federal court ** List of Judges of the United States Tax Court **Uniformity and jurisdiction in U.S. fe ...
. Article IV courts include the
High Court of American Samoa The High Court of American Samoa is a Samoan court and the highest court below the United States Supreme Court in American Samoa. The Court is located in the capital of Fagatogo. It consists of one chief justice and one associate justice, appo ...
and territorial courts such as the
District Court for the Northern Mariana Islands The District Court for the Northern Mariana Islands (in case citations, D. N. Mar. I.) is a federal territorial court whose jurisdiction comprises the United States-affiliated Commonwealth of the Northern Mariana Islands (CNMI). It was establi ...
, District Court of Guam, and District Court of the Virgin Islands. The
United States District Court for the District of Puerto Rico The United States District Court for the District of Puerto Rico (in case citations, D.P.R.; es, Tribunal del Distrito de Puerto Rico) is the federal district court whose jurisdiction comprises the Commonwealth of Puerto Rico. The court is ...
was transformed from an Article VI court to an Article III court in 1966, and reform advocates say the other territorial courts should be changed as well.


Judges

Federal judges, like Supreme Court justices, are appointed by the
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
with the consent of the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
to serve until they resign, are impeached and convicted, retire, or die. Under 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 magistrate judges who assist Article III judges. Judges in Article I tribunals attached to executive branch agencies are referred to as
administrative law judge An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evi ...
s (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 The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial cour ...
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 Rules Enabling Act (ch. 651, , ) is an Act of Congress that gave the judicial branch the power to promulgate the Federal Rules of Civil Procedure. Amendments to the Act allowed for the creation of the Federal Rules of Criminal Procedure and ...
. * The
Administrative Office of the United States Courts The Administrative Office of the United States Courts (AO) is the administrative agency of the United States federal court system, established in 1939. The central support entity for the federal judicial branch, the AO provides a wide range of l ...
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 councils are panels within each circuit charged with making "necessary and appropriate orders for the effective and expeditious administration of justice". * The
Federal Judicial Center The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by in 1967, at the recommendation of the Judicial Conference of the United States. According to , the main areas of respo ...
is the primary research and education agency for the U.S. federal courts. * The
Judicial Panel on Multidistrict Litigation The United States Judicial Panel on Multidistrict Litigation (J.P.M.L. or the Panel) is a special body within the United States federal court system which manages multidistrict litigation. It was established by Congress in 1968 by , and has th ...
transfers and consolidates cases in multiple judicial districts that share common factual issues. * The
United States Marshals Service The United States Marshals Service (USMS) is a federal law enforcement agency in the United States. The USMS is a bureau within the U.S. Department of Justice, operating under the direction of the Attorney General, but serves as the enforcem ...
is an Executive Branch agency that is responsible for providing protection for the federal judiciary and transporting federal prisoners. * The
Supreme Court Police The Supreme Court of the United States Police is a federal law enforcement agency that derives its authority from . The Supreme Court Police enforce federal and District of Columbia laws and regulations, as well as enforce regulations governing ...
provide security for the 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 The terms moot and mootness are used in both in English and American law, although with different meanings. In the legal system of the United States, a matter is moot if further legal proceedings with regard to it can have no effect, or eve ...
,
ripeness In United States law, ripeness refers to the readiness of a case for litigation; "a claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all." For example, if a ...
, and
standing Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
prohibit district courts from issuing
advisory opinion An advisory opinion is an opinion issued by a court or a commission like an election commission that does not have the effect of adjudicating a specific legal case, but merely advises on the constitutionality or interpretation of a law. Some co ...
s. Other doctrines, such as the
abstention doctrine An abstention doctrine is any of several doctrines that a United States court may (or in some cases must) apply to refuse to hear a case if hearing the case would potentially intrude upon the powers of another court. Such doctrines are usually invo ...
and the ''Rooker-Feldman'' doctrine limit the power of lower federal courts to disturb rulings made by state courts. The ''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 The Articles of Confederation and Perpetual Union was an agreement among the 13 Colonies of the United States of America that served as its first frame of government. It was approved after much debate (between July 1776 and November 1777) by ...
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 piracies and felonies committed on the high seas, final appeals from state court decisions in all cases of 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 Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York (state), New York to the west, and Long Island Sound to the ...
and
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
,
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
and
Massachusetts Massachusetts (Massachusett: ''Muhsachuweesut Massachusett_writing_systems.html" ;"title="nowiki/> məhswatʃəwiːsət.html" ;"title="Massachusett writing systems">məhswatʃəwiːsət">Massachusett writing systems">məhswatʃəwiːsət'' En ...
,
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
and
South Carolina )''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no) , anthem = " Carolina";" South Carolina On My Mind" , Former = Province of South Carolina , seat = Columbia , LargestCity = Charleston , LargestMetro = ...
. Lastly, a United States court was established for the
Northwest Territory The Northwest Territory, also known as the Old Northwest and formally known as the Territory Northwest of the River Ohio, was formed from unorganized western territory of the United States after the American Revolutionary War. Established in 1 ...
. When the Constitution 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 The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Sec ...
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 school A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, ...
s 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 doctrine An abstention doctrine is any of several doctrines that a United States court may (or in some cases must) apply to refuse to hear a case if hearing the case would potentially intrude upon the powers of another court. Such doctrines are usually invo ...
s, the
abrogation doctrine The Abrogation doctrine is a US constitutional law doctrine expounding when and how the Congress may waive a state's sovereign immunity and subject it to lawsuits to which the state has not consented (''i.e.'', to "abrogate" their immunity to such ...
, and
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, ...
.Michael L. Wells,
A Litigation-Oriented Approach to Teaching Federal Courts
'', 53 St. Louis U. L.J. 857 (2009).


See also

*
United States federal judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S ...
*
Judicial appointment history for United States federal courts The appointment of federal judges for United States federal courts is done via nomination by the President of the United States and confirmation by the United States Senate. The tables below provide the composition of all Article III courts which ...
*
List of United States federal judges by longevity of service This is a list of Article III United States federal judges by longevity of service. The judges on the lists below were presidential appointees who have been confirmed by the Senate, and who served on the federal bench for over 40 years. It inclu ...
* List of current United States circuit judges *
List of current United States district judges The following is a list of all current judges of the United States district and territorial courts. The list includes both "active" and "senior" judges, both of whom hear and decide cases. There are 89 districts in the 50 states, with a total ...
*
Article Three of the United States Constitution Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congres ...
* PACER (Public Access to Court Electronic Records) * CM/ECF (Case Management/Electronic Case Files) *
List of courts of the United States The courts of the United States are closely linked hierarchical systems of courts at the federal and state levels. The federal courts form the judicial branch of the US government and operate under the authority of the United States Constitution ...
(outline of all state and federal courts in the United States) *
Federal Rules of Civil Procedure The Federal Rules of Civil Procedure (officially abbreviated Fed. R. Civ. P.; colloquially FRCP) govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enablin ...
* 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