Federal Courts in the United States
Introduction to Federal Courts
Over the past 200 years the federal judiciary has evolved from a simple set of courts with limited caseloads into a complex arrangement of courts that interact with one another and the state courts. The modern system resembles a three-tier pyramid. At the base lie the U.S. district courts, which are trial courts for both criminal and civil matters. At the top sits the U.S. Supreme Court. In between are the U.S. courts of appeals, which hear appeals from district courts. All these courts operate under procedures established by the Supreme Court.
Federal courts have jurisdiction to hear only those cases allowed under the Constitution and by federal law. These include cases interpreting the Constitution and federal laws and treaties, cases affecting ambassadors and similar foreign officials, disputes between states, admiralty and maritime cases (which concern commerce and navigation on the seas), controversies to which the United States is a party, and disputes between citizens of different states (called diversity jurisdiction cases).
Under federal law, some cases may be heard only by federal courts-for example, patent and copyright disputes. But if jurisdiction is not exclusive, the parties may file cases involving federal claims in state courts instead of in federal court. In diversity jurisdiction cases in which the parties seek monetary damages, federal courts hear only cases that involve claims of $75,000 or more. Cases involving smaller amounts must be heard in state courts.
Federal judges serve lifetime appointments, except for those on some specialized courts. All federal judges must be appointed by the president and confirmed by a majority vote of the Senate.” (1)
Jurisprudence
Supreme Court Decisions
The Supreme Court will again face a question of enormous importance to the federal courts that it ducked in 2013: If the parties consent, may a bankruptcy court issue a final judgment as to a state law claim? (Wellness Intern. Network Ltd. v. Sharif, 376 F.3d 720 (7th Cir. 1013), cert. granted, 134 S.Ct. 2901 (2014).) Three years before, in Stern v. Marshall (131 S.Ct. 2594 (2011)), the Court held that bankruptcy courts cannot issue final judgments over state law claims. The various circuits have split, though, as to whether consent can cure this.
The issue was briefed and argued in 2013 (see Executive Benefits Ins. Agency v. Arkison, 134 S.Ct. 2165 (2014)). But the Supreme Court avoided the question by holding that because there had been de novo review in the federal district court, a bankruptcy court could decide the state law claim. At the end of the term, the Court granted review in Wellness, which poses the same issue. Its ultimate ruling will be significant for bankruptcy judges, magistrate judges, and the workload of federal district courts.
Guide to Federal Courts
In this Section
- Courts in the United States
- Courts Development,
- District Courts,
- Courts of Appeals,
- Supreme Court,
- Courts of Special Jurisdiction,
- Territorial Courts,
- State Courts,
- Courts of Limited Jurisdiction,
- Courts of General Jurisdiction,
- Intermediate Appellate Courts,
- Supreme Appellate Courts,
- Courts Challanges,
- Courts of Appeals
Federal Courts Background
Resources
Notes and References
- Information about Federal Courts in the Encarta Online Encyclopedia
Further Reading
- Information about Federal Courts in the Gale Encyclopedia of American Law.
Further Reading (Articles)
Federal Court Manual Questionnaires: an invaluable source of information for litigators in federal court., Florida Bar Journal; November 1, 2002; Gewirtz, Jerry M.
Federal Court Certification of State-Law Questions: Active Judicial Federalism, Justice System Journal; January 1, 2007; Watson, Wendy L. Craig, McKinzie Davis, Daniel Orion
Federal Court Authority to Regulate Lawyers: A Practice in Search of a Theory, Vanderbilt Law Review; October 1, 2003; Zacharias, Fred C. Green, Bruce A.
Federal Court Jurisdiction over Private TCPA Claims: Why the Federal Courts of Appeals Got It Fight, Federal Communications Law Journal; December 1, 1999; Tharp, Kevin N.
Federal court jurisdiction over settlement agreements. (Negotiation and Settlement), Trial; June 1, 1994; Teska, Kirk
Federal Court of Appeal Affirms That the Federal Court Has Limited Jurisdiction over the Province of Alberta, Mondaq Business Briefing; October 4, 2013; Lewis, Atrisha
Federal Court gives Chia, Ishak third bite at cherry, New Straits Times; December 29, 2006; V. Anbalagan
Can federal court hear telemarketing abuse claims?, Lawyers USA; November 28, 2011; Kimberly Atkins
The Federal Court of Australia: The First 30 Years – a Survey on the Occasion of Two Anniversaries, Melbourne University Law Review; December 1, 2007; Black, Michael E. J.
Federal Court of Appeal Deals A Blow to the Canada Revenue Agency: Full Disclosure Must Be Made on Ex Parte Applications, Mondaq Business Briefing; March 5, 2013
Full Federal Court Rules on “Substitutability” in Tariff Concession Order Matters, Mondaq Business Briefing; June 22, 2012
Federal Court considers jurisdiction to enforce international arbitral awards made in Australia.(Australia. International Arbitration Act 1974)(TCL Corp v. Castel Electronics Pty Ltd )(Case overview), Mondaq Business Briefing; February 5, 2012
Federal Court of Appeal Rules That Class Proceedings under the Competition Act Can Be Stayed on the Basis of an Arbitration Clause, Mondaq Business Briefing; March 11, 2013
Federal Court Punts on MWAA Tolling Decision, The Bond Buyer; December 14, 2012
Tort `reformers’ turn to federal court., Trial; March 1, 2000; Loiacono, Kristin
Think Twice Before Removing California SLAPP Cases To Federal Court.(Strategic lawsuits against public participation), Mondaq Business Briefing; February 25, 2002; Jassy, Jean Paul Whitchurch, Gialisa
Seventh Circuit Approves Removal to Federal Court of Asbestos Exposure Suit against Federal Government Contractor, Mondaq Business Briefing; May 15, 2013
Federal Court Finds PLAVIX Patent Invalid.(Case overview), Mondaq Business Briefing; January 17, 2012
I want to probate a will in federal court.(In Practice), Florida Bar News; June 1, 2006; Martin, James W.
Federal Court of Appeal Confirms That Metis Fall within Federal Jurisdiction under Constitution, Mondaq Business Briefing; April 24, 2014; Isaac, Thomas
Federal Courts in the Context of Federal Question Jurisdiction
Jurisdiction of Federal Courts Under Alien Tort Statute in International Civil Litigation
Analysis of the Jurisdiction of Federal Courts Under Alien Tort Statute in relation to the Subject Matter Jurisdiction of U.S. Courts in International Disputes.
The Alien Tort Statute
Read more information about The Alien Tort Statute in this American Encyclopedia of Law.
Filartiga and Tel-Oren
Read more information about Filartiga and Tel-Oren in this American Encyclopedia of Law.
Federal Courts in the Context of Alienage Jurisdiction
Alienage Jurisdiction of Federal Courts in International Civil Litigation
Analysis of the Alienage Jurisdiction of Federal Courts
Federal Courts Background
Resources
See Also
- Choice of Forum Provision
- Choice of Forum Clause Definition
- Choice of Forum Clause Sample
- Forum Selection
- Choice of Law
The Federal Courts and the Public and the Federal Courts
In the words of the Administrative Office of the United States Courts: With certain very limited exceptions, each step of the federal judicial process is open to the public. Many federal courthouses are historic buildings, and all are designed to inspire in the public a respect for the tradition and purpose of the American judicial process. An individual citizen who wishes to observe a court in session may go to the federal courthouse, check the court calendar, and watch a proceeding. Anyone may review the pleadings and other documents in a case by going to the clerk of court’s office and viewing the appropriate case file using an electronic access terminal. Unlike most state courts, however, the federal courts are just beginning to permit limited live television or radio coverage of some civil trials. Court dockets and case files also are available on the Internet through the Public Access to Court Electronic Records system (known as “PACER”), at www.pacer.uscourts. gov. In addition, every federal court maintains a website with information about court rules and procedures. A list of these local court websites is available on the judiciary’s official website at www.uscourts.gov. The right of public access to court proceedings is partly derived from the Constitution and partly from court tradition. By conducting their judicial work in public view, judges enhance public confidence in the courts and allow citizens to learn first-hand how our judicial system works. Although there is a very strong presumption that all court records and proceedings are open to the public, public access may be limited in some situations. In a high-profile trial, for example, there may not be enough space in the courtroom to accommodate everyone who would like to observe. Access to the courtroom also may be restricted for security or privacy reasons, such as the protection of a juvenile or a confidential informant. Finally, certain documents may be placed under seal by the judge, meaning that they are not available to the public. Examples of sealed information include confidential business records, certain law enforcement reports, and juvenile records.
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