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Are there eleven territorial circuits for the US Court of Appeals?
False. There are thirteen Circuit Courts:US Court of Appeals for the First CircuitUS Court of Appeals for the Second CircuitUS Court of Appeals for the Third CircuitUS Court of Appeals for the Fourth CircuitUS Court of Appeals for the Fifth CircuitUS Court of Appeals for the Sixth CircuitUS Court of Appeals for the Seventh CircuitUS Court of Appeals for the Eighth CircuitUS Court of Appeals for the Ninth CircuitUS Court of Appeals for the Tenth CircuitUS Court of Appeals for the Eleventh CircuitUS Court of Appeals for the District of Columbia CircuitUS Court of Appeals for the Federal Circuit
What are the two houses of the judicial branch?
The Judicial branch of the Federal government is the supreme court and at the state level is the court of appeals and then lowest are the district courts. When you use the term "houses" it sounds to me like you are confusing the Judicial and the Legislative Branch. The Legislative Branch is the congress which is split into two houses, the House of Representatives and the Senate.
What is the court structure of UK?
There are three different systems in the UK - I will use the England and Wales system. Northern Ireland and Scotland are entirely sepeate, apart from with the Supreme Court.Cases are split between Criminal Cases (convictions) and Civil Cases (lawsuits). Minor criminal cases are dealt with by a Magistrates' Court. This is presided over by part-time magistrates under the supervision of a professional lawyer, and is limited into what sentances it can give. Serious criminal cases, and appeals from the Magistrates' Court, go to a Crown Court, which usually features a jury, as well as a professional judge (who wears a full wig and robes outfit). Appeals from a Crown Court go to the Criminal Division of the Court of Appeal, in London.Civil Cases usually begin at a Magistrates' Court or a County Court. County Courts are as common as Crown Courts and they often share buildings. Appeals from a County Court go to the High Courts of Justice, or to the Civil Division of the Court of Appeal.The High Courts of Justice, in London, is divided into three divisions. The Chancery Division hears cases concerning businesses and money - most appeals from County Courts. The Family Division hears cases related to divorce, children and medical treatment, which usually come from a Magistrates' Court. The Queen's Bench Division (or King's, if the monarch is male) deals with cases involving damages, bankruptcy and possession, as well as presiding over lower courts. Appeals from these courts go to the Civil Division of the Court of Appeal (unless the Supreme Court decides to hear them), except for criminal cases at the Queen's Bench which go straight to the Supreme Court.The Court of Appeal, which shares buildings with the High Courts of Justice (together known as the Royal Courts of Justice building, or the Law Courts) is divided into two divisions, the Criminal Division and the Civil Division. Appeals from here go to the Supreme Court of the United Kingdom. Cases at the Supreme Court cannot be appealed, although they can ask the European Court in Strasbourg for assistance.
What is the structure of courts?
There are three different systems in the UK - I will use the England and Wales system. Northern Ireland and Scotland are entirely sepeate, apart from with the Supreme Court.Cases are split between Criminal Cases (convictions) and Civil Cases (lawsuits). Minor criminal cases are dealt with by a Magistrates' Court. This is presided over by part-time magistrates under the supervision of a professional lawyer, and is limited into what sentances it can give. Serious criminal cases, and appeals from the Magistrates' Court, go to a Crown Court, which usually features a jury, as well as a professional judge (who wears a full wig and robes outfit). Appeals from a Crown Court go to the Criminal Division of the Court of Appeal, in London.Civil Cases usually begin at a Magistrates' Court or a County Court. County Courts are as common as Crown Courts and they often share buildings. Appeals from a County Court go to the High Courts of Justice, or to the Civil Division of the Court of Appeal.The High Courts of Justice, in London, is divided into three divisions. The Chancery Division hears cases concerning businesses and money - most appeals from County Courts. The Family Division hears cases related to divorce, children and medical treatment, which usually come from a Magistrates' Court. The Queen's Bench Division (or King's, if the monarch is male) deals with cases involving damages, bankruptcy and possession, as well as presiding over lower courts. Appeals from these courts go to the Civil Division of the Court of Appeal (unless the Supreme Court decides to hear them), except for criminal cases at the Queen's Bench which go straight to the Supreme Court.The Court of Appeal, which shares buildings with the High Courts of Justice (together known as the Royal Courts of Justice building, or the Law Courts) is divided into two divisions, the Criminal Division and the Civil Division. Appeals from here go to the Supreme Court of the United Kingdom. Cases at the Supreme Court cannot be appealed, although they can ask the European Court in Strasbourg for assistance.
What other minor conflicts are present in “The Circuit”?
Conflicts between the Courts of Appeals are of central importance to the American judiciary. When circuits split, federal law is applied differently in different parts of the country. It has long been known that the existence of a circuit split is the best predictor of Supreme Court review, but data availability has constrained understanding of circuit splits to this fact. In this paper, we explore the “life cycle” of an intercircuit split. We analyze an original dataset that comprises a sample of conflicts between Courts of Appeals that existed between 2005 and 2013, including both conflicts the Supreme Court resolved and conflicts it has not yet resolved. We show how long a conflict exists before it is resolved and how many go unresolved altogether, which conflicts are resolved soonest, and how a conflict grows across circuits.
What is the hierarchy of binding precedents within the federal court system?
US Supreme Court decisions are binding on all federal courts, but are most likely to be applicable to cases heard in US District Courts or appealed to US Court of Appeals Circuit Courts. The Supreme Court's decisions are also binding on State courts if they involve constitutional amendments that have been incorporated to the states.US Court of Appeals Circuit Court decisions are binding on all US District Courts within that Circuit, but only carry persuasive precedential weight in other Circuits. The decisions are not binding on other Circuits or on any state courts. US District Court decisions are not binding on other courts, but may be cited as persuasive precedents by other courts, regardless of which Circuit the court belongs to.When US Court of Appeals Circuit Courts issue conflicting decisions on substantially similar matters (called a Circuit Split), they may induce the US Supreme Court to grant certiorari for a case that can be used to resolve or clarify the constitutional issue. The Supreme Court decision will then create a binding precedent used in deciding similar future cases.When Circuit Splits are unresolved, the individual decisions -- although conflicting -- remain binding within each Circuit, but not outside the Circuit. This raises the possibility that one or more of the other ten regional Circuits* will further complicate matters by creating a third split, resulting in inconsistent constitutional interpretations and application of law. For this reason, reviewing cases that address Circuit Splits are high on the US Supreme Court's list of priorities.* The US Court of Appeals for the Federal Circuit has special subject matter jurisdiction and is less likely to be affected by decisions made in the regional Circuits.
What does the judiciary consist of?
The Judicial Branch of the United States government consists of the United States Supreme Court and every federal court.
Few cases are heard by the supreme court unless they deal with?
Cases the US Supreme Court reviews under its appellate jurisdiction usually involve unresolved or unclear constitutional matters that may have resulted in a Circuit split (different decisions on substantially the same question by two different US Court of Appeals Circuit Courts) or a decision from any lower appellate court that is in opposition to the Supreme Court's constitutional interpretation or to established precedents.
Explain how a criminal case can go from district court to an appeals court and then the supreme court?
Criminal cases heard at the Federal District Court level may be "appealed" to one of the Federal Appellate Courts based on an error that the District Court made. The Federal Appellate courts must hear cases appealed from the District Courts (in other words, you are guaranteed at least one appeal), however the Supreme Court is not required to hear cases appealed from the Appellate Court. After an unfavorable ruling at the Appellate Court level, the criminal defendant (or the United States/Prosecution) may seek a writ of certiori in order to appeal to the Supreme Court. The Supreme Court will grant or deny the writ of certiori depending on several factors in the case (how notable is this case, is it a good "vehicle," is this an important issue, is it very contentious, is there a circuit split, is the decision patently wrong?). If the Court grants certiori, that means that they will hear it. If it denies the writ, the Appellate Court's judgment is final. Keep in mind that only a very small potion of cases make it to the Supreme Court level (less than one percent), so the cases that the Court decides to hear are always notable.
What is at the top of the federal court system?
In the state system, the highest appellate court is the State Supreme Court (or equivalent); In the federal systemAND overall, the highest court is the US Supreme Court.The courts work in two systems, the state courts and the federal courts. The state courts start off in the local trial level court, followed by the state court of appeal, and then to the state supreme court. The federal system works in regions. At the top you have the U.S. Supreme Court, which is in domination over the 11 circuit courts of appeal, which split up the U.S. and its territories. Each Circuit Court has domination over a number of District Courts, which is the federal trial level court.Thus, since the federal courts are in regions, there may not be a circuit court of appeals in every state, which makes it possible to only have a federal district (trial) court in a state. If your state is the resident state for the federal circuit court, (like California has the 9th Circuit), then you will have both. Only Washington DC has all three federal levels of the courts in its borders.Even if your Circuit Court is in another state, you still have access to the Court for appellate purposes.AnswerIt should be noted that the terminology varies slightly from state to state, though the basic structure (local trial courts, regional appellate courts, statewide supreme court) is generally the same.For example, in New York, the trial courts are called the "Supreme Court," while the state's highest appellate court (normally called the Supreme Court in the federal system, and most state systems) is called the "New York State Court of Appeals."I suspect they do this to confuse law students.
What fraction is a net ball court split into?
thirds
What rule do the justices follow when deciding whether to hear a case or not?
The Supreme Court decides to hear a case based on three major factors:Whether the appeal came from the US Court of Appeals Circuit Courts or state supreme court and is in conflict with the decisions of other Circuits (circuit split);Whether the case involves an important constitutional issue that has not yet been resolved; andWhether the lower court's decisions may be wrong in light of the Supreme Court's opinions.The justices then vote to determine whether they want to review the case. If four justices (the "rule of four") agree the case is worthy of the Court's time, they will grant certiorari.
