What are some Power of the lower Federal court?
Too indefinite a question - not certain what is being asked.
The district courts exercise original jurisdiction over -that is, they are empowered to conduct trials in-the following types of cases:
- Civil actions arising under the Constitution, laws, and treaties of the United States;
- Certain civil actions between citizens of different states;
- Civil actions within the admiralty or maritime jurisdiction of the United States;
- Criminal prosecutions brought by the United States;
- Civil actions in which the United States is a party; and
- Certain other types of cases and controversies
No. Article III of the Constitution requires the federal government to establish and maintain a Supreme Court, and prevents Congress from removing individual justices except by impeachment. Congress has some control over the structure of all the federal courts, but it doesn't have the power to dissolve the US Supreme Court.
Appellate courts in the Judicial Branch of the federal government have jurisdiction (power, authority) to review lower court decisions if the case is sent to them on appeal. Judges don't go looking for cases to review. Generally,* in order for a state case to be removed to federal court, the case must involve a a federal question. A "federal question" is one that involves matters related to federal law, the US Constitution or a US… Read More
There are different levels of courts. In most states, the primary state-level court is the "Superior Court" of each county. It can be called other things, though, depending on the state. The next-higher court in most states is the state Supreme Court. Some states, though, have some kind of appellate court in between. At the federal level, it's similar. There are US District Courts, and then Federal Courts of Appeals (appellate courts) just above them… Read More
There are two lower federal court systems. One is the United States District Courts, of which there are 94 district and territorial courts through the United States and its territories and possessions. These are usually considered trial courts. Above the federal district courts are the United States Courts of Appeal, of which there are 13 circuits, numbered one through eleven, and the United States Court of Appeal for the District of Columbia Circuit and the… Read More
Yes it does, but even some federal legal issues may be litigated in state court systems. For example, a litigant may bring a sexual harrassment claim under federal law in a state court or a federal court.
The Supreme Court is the highest level of court in most states, as well as in the federal system. (Some states, such as New York, have a different name for the highest court). These courts do not hear trials and do not have juries. They hear appeals from the lower courts. Generally, people petition the court to hear their appeal, with a petition for a Writ of Certiorari. In the federal system, and in most… Read More
That it involves a question of federal law or that the federal court has jurisdiction for some other reason, such as diversity.
The US Supreme Court, as head of a co-equal branch (Judicial) of the federal government, gets its authority from the Constitution. Lower courts' authority and jurisdiction is dictated by the Legislative branch, or Congress (the House of Representatives and the Senate); however, they are also required to uphold federal and constitutional law. Some of the Article III courts' authority arises from precedents set by the Supreme Court, under the doctrine of stare decisis. Court procedural… Read More
No. The Constitution allows federal judges to be impeached for "high crimes and misdemeanors," the same as the US President. The Judiciary Act of 1801 reorganized the federal court system and added six new circuit courts that relieved the Supreme Court justices of their circuit riding responsibilities and shifted some judicial power from the states to the federal government.
When a case is "removed" to federal court, it was originally filed in State court, but then was "removed" or moved to federal court because it presents some sort of federal law issue. An "answer" is when, in the most common case, a defendant "answers" the claims the plaintiff has made against them.
ALWAYS a district court of the FEDERAL Bankruptcy Court system. The laws are Federal too, although, mainly to help conform to the local customs of the area that district court operates in, some provisions have State considerations.
The states have the power to set voting qualifications. However, they still must abide by federal parameters. The Supreme Court has found some qualifications unconstitutional.Ê
When the supreme court upholds something it is either: 1. The U.S. Constitution 2. Federal and state law, other than state constitutional issues 3. Decisions made by a lower court 4. Cases of Original Jurisdiction, such as disputes between states People challenge the constitutionality of laws, and the Supreme Court will occasionally hear those cases, but most are settled in lower courts. If a lower court (state or federal) makes a decision that is appealed… Read More
Not all federal courts are trial courts. Some are appeal courts. Appeal courts only review cases already heard by trial courts. Some lower courts are specialized and only have trials on specific issues. The Supreme Court has only heard appeals since 1924. The Supreme Court reserves the right to hold a trial. No one has suggested any reason why the Supreme Court would sit as a court of original jurisdiction. Still, it could.
The Executive branch gets to choose candidates for federal judgeships, including Supreme Court Justices. The President also has the power to pardon people convicted of federal offenses, Since the President controls the Department of Justice, he has some leeway in how laws are enforced.
The federal components of the judicial branch of the Canadian federal government are the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the Tax Court of Canada, the Court Martial Appeal Court, the Courts Martial, and many types of federal boards, commissions and tribunals. Supreme Court of Canada The Supreme Court of Canada hears appeals of the Federal Court of Canada, the Court Martial Appeal Court, and of the courts of… Read More
Any time the federal court has personal jurisdiction (over the parties) and subject matter jurisdiction (over the matter to be tried), the case can go to federal court. Sometimes this happens inadvertently, as where a plaintiff sues in state court, but uses words that sound like a federal violation, and the defendant moves the case to federal court. In other cases, notably copyright and patent infringement cases, the federal court is the ONLY court having… Read More
It would probably start in the lowest level of the federal court system, in whatever US District Court had orioginal jurisdiction in the matter at hand. OR - in some cases a non-tort claim against the federal government may be filed in The US Court of Claims.
Although there ARE some federal misdemeanors - are you certain that the crime you are charged with is a federal misdemeanor offense, AND/OR that it is being heard in a federal court? If you are, in fact, charged with a federal misemeanor offense, the only thing you can do is file a motion for a change of venue, which would only move it to another US District Court, or file a motion for that particular… Read More
Concurrent Powers are powers shared by the federal and state governments. Some of the concurrent powers enjoyed by both the federal and state governments are: the power to tax, make roads, protect the environment, create lower courts and borrow money.
Both Congress and the President have the ability to check the power of the Supreme Court, but Congress exerts more influence than the President. Some checks are directly mentioned in the Constitution, while others are implied powers. The following are explicitly authorized by the Constitution: Legislative branch checks on Supreme Court Senate approves federal judges, including Supreme Court justices (Advise and Consent Clause) Impeachment power (House) Trial of impeachments (Senate) Power to initiate constitutional amendments… Read More
Both. Both State and US Supreme Courts use judicial review to evaluate the constitutionality of laws. Some state constitutions explicitly grant this power to their highest court. State supreme courts may evaluate conflicts in light of either/both the federal constitution or their state constitution. Decisions on federal questions may be appealed to the US Supreme Court, however. The US Constitution doesn't explicitly grant the federal judiciary the right of judicial review, but it is considered… Read More
No. There are a variety of federal courts that handle only specific types of law, such as federal tax court. Federal district court, the general trial courts in the federal system, have broad authority to handle trials, but only on matters of federal question or if the federal courts have jurisdiction for some other reason, such as diversity.
The US Supreme Court is called the high court because it is the last court in which federal questions (questions of federal and constitutional law) can be decided. There is no forum above the Supreme Court in which to appeal a decision. In the United States, "high court" is simply a colloquialism for the US Supreme Court. In some countries, the "High Court" is part of the proper title for the court.
State law crimes are heard in state court. Federal law crimes are heard in federal court. Both systems adjudicate different types of cases. In some cases the courts have concurrent jurisdiction and the authorities will conference to determine which court will take jurisdiction.
Under some situations, a case involving a person from out of state can be tried in a Federal Court according to a state law. While state law never supersedes Federal law, a lawyer can bring up a case from state law that might have bearing on a Federal Case. The way the United States Supreme Court ruled on that state case would affect Federal Law and could influence the federal court.
The federal government has the power to prevent sick patients from smoking home-grown marijuana that a doctor recommended to relieve chronic pain, a divided U.S. Supreme Court ruled on Monday in a setback for the medical marijuana movement. The 6-3 ruling means the federal government can enforce a federal law prohibiting the cultivation, possession and use of medical marijuana even where it is legal under state law. At least nine states allow medical use of… Read More
Federal courts in the United States are sometimes classified as "Article I courts," "Article II courts" and "Article III courts," in reference to the first three articles of the U.S. Constitution: Article I addresses the legislative power of the federal government, which includes Congress's power over non-state territories (e.g., American Samoa). Article I courts include territorial courts (U.S. District Court for the Virgin Islands, for example), and also some specialized courts created by Congress for… Read More
The highest constitutional court in the USA is the US Supreme Court. Lower level Federal courts may make decisions on the constitutional validity of laws, however, these decisions are subject to review by the latter court if the issue is taken up by the Supreme Court. The US Supreme Court can choose to not review a lower court's decision.
First level is the federal district courts. Most lawsuits brought in the federal system start in the district court (although some go directly from state courts to the U.S. Supreme Court). The case must be brought in the district court that is related to the defendant or where the incident occurred. The second level is the federal courts of appeals. As the name suggests, those who believe that the district court has misapplied the law… Read More
If the US Supreme Court reverses a lower court decision on the basis of application or constitutionality of a law, it provides grounds for appeal in x-number of cases, which would make the US Court of Appeals Circuit Court docket busier, unless the Court's decision is very narrow (affecting fewer cases). Some reversals would have a more significant impact on appellate dockets than others. On the other hand, a reversal may relieve the US District… Read More
Specifically a "reversal" is when the same court changes its own decision, either on the same case or a later one; for the same issue(s). When a higher court overturns a decision of a lower court it is normally called "overturn" or "overruled" decision. As noted a reversal is a specific term. A reversal also occurs when an appellate court changes a decision of a lower court (whether that lower court is a trial court… Read More
"Better" is a subjective and relative term. The US Supreme Court holds more power and national prestige than the Supreme Court of Georgia, but that doesn't necessarily mean it's better. Some judges may prefer to serve their State rather than work for the federal government, and may think sitting on the Supreme Court of Georgia is better.
Not every single state has it's "own" federal district court. Some states 'share' a district court wtih an adjoining state or states, and some states have more than one circuit. It all depends on the population distribution.
According to the Australian Copyright Council: "The Federal Court of Australia, the Federal Magistrates Court and State and Territory courts all have jurisdiction to hear copyright infringement matters. Copyright owners will usually bring an action in the city closest to where they are located and which is most convenient for them. The choice of court may depend on factors including which remedies the copyright owner is seeking (some State courts do not have the power… Read More
Most state court cases are held in state court, but there are some circumstances where the federal court may hear a case dealing with state law.
When you ask for a review in a Court of law you are asking for an appeal. That means that a lower Court (or some other established system of determining competing issues such as an arbitrator's decision) has made its decision and you don't agree with it and you ask a higher Court to review what the lower Court did to see if they made any mistakes. Some things can be appealed as a matter… Read More
In the US there are the Federal Courts and each state has courts as well. In both there are appellate courts and trial courts. In the Federal system the trail courts are the Federal District Courts. Each state has at least one Federal District. If you lose there and want to appeal you generally go first to the intermediate appellate court, the Federal Circuit Courts, of which there are nine, each covering several states. After… Read More
Those courts have CONCURRENT JURISDICTION. Concurrent jurisdiction is exercised simultaneously by more than one court over the same matter and within the same territory with the litigant having the right to choose the court in which to file the action. Federal courts have exclusive jurisdiction over some matters. Civil rights cases brought under 42 USC & 1983, for example, can be heard in either state or federal court. A tort or contract case against an… Read More
In the United States each state has a supreme court. The federal system has the United States Supreme Court. The highest Federal court is the Supreme Court. In most States the highest court is also called a supreme court. In the federal court system, the final court of appeal is the US Supreme Court. In the state court systems, the final court is typically the state Supreme Court, although a few states (such as New… Read More
Another name for US Court of Appeals is circuit courts. Circuit Court ANSWER: The United States court of appeals, (otherwise known as circuit courts) are a part of the federal court system and serve as intermediate courts. These court of appeals handle cases that have appealed their case after losing in the district court and go to that court of appeals within the jurisdiction of that federal judicial circuit or in some cases these courts… Read More
The Supreme Court might be the final court of appeal in the United States. But, it has happened in some situations where the Supreme Court has told a state that they can deal with an appeal if the Federal court is not the right jurisdiction.
All federal courts are part of the Judicial branch of the United States government, which the Supreme Court, as an institution, heads. The Chief Justice of the United States is the leader of the Supreme Court; however, he only has limited administrative responsibilities for specific lower courts. All the justices, including the Chief Justice, have some administrative and supervisory responsibility for their allocated Circuit Courts, but there is no one whose sole job it is… Read More
All federal judges are appointed by the President, at which point they must be confirmed by the Senate. Federal judges include Supreme Court Justices, of course, but they also include judges in federal district courts (trial courts), and the circuit courts of appeal (intermediate appellate courts, they hear appeals from the federal district courts, and appeals from these courts are heard by the Supreme Court - if the Supreme Court decides to take the case)… Read More
In many states they are the Circuit courts. In some they are the Superior Courts. In New York state it is the Supreme Court. In the federal system it is the US District Court for most matters.
Some effects that the supreme court had on economic development were that the rulings reinforced capitalism as the ruling economic system in the U.S. Somewhere in the early 1800s, the Supreme Court made several rulings that helped define federal power over contracts and commerce. As aforementioned, these rulings reinforced capitalism as the ruling economic system in the United States.
1. One federal geographic district, the District of Columbia. 2. 435 Congressional Districts, one for each elected voting member of the House of Representatives. 3. There are 94 Federal District Courts, hence 94 Federal court districts. Each state has at least one federal court district. Some have more than one.
A case that can be heard in either a state or federal court is sometimes called a "class action" case. Other cases that can be heard in federal or state courts are crimes that are punishable under both laws, federal constitutional issues, some civil rights claims, environmental regulations, and certain disputes that involve federal law.
Unless there is some type of limit stated in the judgment - it is good forever - or until overturned by a higher court.