The Judicial Branch

The judicial branch ensures that the laws Congress passes are constitutional and in adherence to our system of jurisprudence. Similarly it vets, when necessary, actions of the executive branch; the judicial branch determines if actions taken by the executive branch falls within its powers as granted by law.

The Federal court system consists of ninety-four (94) federal judicial districts -- each with a U.S. district court; U.S. district court is where federal cases are tried, witnesses testify, and juries serve. Each district also has at least one U.S. bankruptcy court, where bankruptcy laws are administrated.

The ninety-four districts are grouped into twelve (12) regional circuits. Each circuit has a court of appeals. If you lose a case in a district court, you can ask the court of appeals to review the case to see if the district judge applied the law correctly. If a case is lost in an appellate court, the defendant may petition the Supreme Court to hear an appeal.

Geographic Boundaries of the United States Courts of Appeals and United States District Courts.

Where the Executive and Legislative branches are elected by the people, members of the Judicial Branch are appointed by the President and confirmed by the Senate. Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. Judges and justices serve no fixed term — they serve until their death, retirement, or conviction by the Senate.

Federal court jurisdiction is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear:

cases in which the United States is a party;
cases involving violations of the U.S. Constitution or federal laws
cases between citizens of different states if the amount in controversy exceeds $75,000; and
bankruptcy, copyright, patent, and maritime law cases.

The "lower" federal courts (so called as they are are subordinate to the Supreme Court) are listed below:

U.S. Bankruptcy Courts
U.S. Court of Appeals for the Federal Circuit
U.S. Court of International Trade
U.S. Courts of Appeals
U.S. District Courts

U.S. Bankruptcy Courts

Bankruptcy cases are typically filed under the three main chapters of the Bankruptcy Code – Chapter 7, Chapter 11, and Chapter 13. Federal courts have exclusive jurisdiction over bankruptcy cases. This means that a bankruptcy case cannot be filed in a state court.

United States Court of Appeals for the Federal Circuit

This court was established under Article III of the Constitution on October 1, 1982. The court was formed by the merger of the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims.

The Federal Circuit is unique among the thirteen Circuit Courts of Appeals. It has nationwide jurisdiction in a variety of subject areas, including international trade, government contracts, patents, trademarks, certain money claims against the United States government, federal personnel, veterans' benefits, and public safety officers' benefits claims. Appeals to the court come from all federal district courts, the United States Court of Federal Claims, the United States Court of International Trade, and the United States Court of Appeals for Veterans Claims.

The judges of the court are appointed by the President, with the advice and consent of the Senate. Judges are appointed to the court for life under Article III of the Constitution of the United States.

The Court of International Trade

The United States Court of International Trade, established under Article III of the Constitution, has nationwide jurisdiction over civil actions arising out of the customs and international trade laws of the United States. Appeals from the Court of International Trade are heard by the United States Court of Appeals for the Federal Circuit.

The President, with the advice and consent of the Senate, appoints the nine judges who constitute the United States Court of International Trade.

United States Court of Appeals

The 94 U.S. judicial districts are organized into 12 regional circuits, each of which has a United States court of appeals. A court of appeals hears appeals from the district courts (see link below) located within its circuit, as well as appeals from decisions of federal administrative agencies.

In addition, the Court of Appeals for the Federal Circuit has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws and cases decided by the Court of International Trade and the Court of Federal Claims.

Court of Appeals judges are nominated by the President and confirmed by the Senate, as stated in the Constitution. The names of potential nominees are often recommended by senators or sometimes by members of the House who are of the President's political party. The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Article III of the Constitution states that these judicial officers are appointed for a life term.

United States District Courts

The United States district courts are the trial courts of the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters.