Damages – Money paid by defendants to successful plaintiffs in civil cases to compensate plaintiffs for their injuries. Plea agreement (or plea agreement) – An agreement between the defendant and the attorney in which the defendant pleads guilty in exchange for a concession from the attorney. These may be less serious charges, a dismissal of the charge, or the prosecutor`s recommendation to the judge to impose a lighter sentence. Trial – A hearing that takes place when the defendant pleads not guilty and the parties must appear in court to present evidence. Grand Jury – A group of citizens who listen to evidence of criminal charges presented by the government and determine if there is a likely reason to believe that the crime was committed. As it is used in federal criminal cases, “the government” refers to the lawyers in the U.S. Attorney`s Office who are prosecuting the case. Grand jury proceedings are closed to the public and the person suspected of having committed the crime is not allowed to be present or to have a lawyer present. States are not required to appoint grand juries, but the federal government must do so under the Constitution. The Constitution of the United States is the supreme law of the land in the United States. It creates a system of federal government in which power is shared between the federal and state governments. Because of federalism, the federal government and each of the state governments have their own judicial systems.
Discover the differences in structure, selection of judges and cases heard in the two systems. Defense Table – The table where the defense attorney sits with the accused in the courtroom. Audio recordings and transcripts of all oral proceedings heard by the U.S. Supreme Court will be posted on this website on the same day an argument is heard by the court. Same-day transcripts are considered official, but subject to a final exam. There is at least one district court in each state and in the District of Columbia. Each district includes a U.S. bankruptcy court as a unit of the district court. Four U.S. territories have U.S.
district courts that hear federal cases, including bankruptcy cases: Puerto Rico, the Virgin Islands, Guam, and the Northern Mariana Islands. confirmed – judgment of the courts of appeal in which the decree or order is declared valid and applies as decided in lower instance. Record – Place a document in the official custody of the court clerk for inclusion in the records or records of a case. Lawyers must file a variety of documents throughout the life of a case. The courts of first instance consist of the district judge who hears the case and a jury that decides the case. Magistrate judges assist district judges in preparing cases for trial. You can also conduct trials in misdemeanor cases. Each district court has several judges ranging from six on the First Circuit to twenty-nine on the Ninth Circuit. The judges of the District Court are appointed for life by the President and confirmed by the Senate. Any case can be challenged in the District Court once the District Court has made a decision (some issues may be challenged before a final decision by filing an “injunction”).
Appeals to the District Courts are first heard by a panel of three judges of the District Court. The parties submit “pleadings” to the court explaining why the decision of the trial court should be “upheld” or “reversed”. Once the pleadings are filed, the court sets an “oral hearing” where the lawyers come to the court to present their arguments and answer the judges` questions. Motion – Attempt to take a limited matter to court. Applications can be submitted before, during and after the process. Congress used this power to establish the 13 U.S. courts of appeal, the 94 U.S. district courts, the United States. United States Court of Claims and Court of International Trade. U.S. bankruptcy courts handle bankruptcy cases.
Magistrate judges deal with certain matters of the district court. Federal courts hear cases concerning the constitutionality of a law, cases involving the laws and treaties of U.S. ambassadors and public ministers, disputes between two or more states, admiralty law, also known as the law of the sea, and bankruptcy cases. Enter the U.S. courts of appeal. Learn more about trials, court culture and landmark cases. Federal Question – Jurisdiction of federal courts in matters involving the interpretation and application of the United States Constitution, acts of Congress, and treaties. In some cases, state courts can also decide these issues, but cases can still be brought in federal courts.
Once the district court or the state Supreme Court has ruled on a case, either party can appeal to the Supreme Court. However, unlike appeals by the District Court, the Supreme Court is generally not required to hear the appeal. The parties may submit a “writ of certiorari” to the court and ask it to hear the case. If the application is granted, the Supreme Court receives briefs and holds a hearing. If the application is not granted, the opinion of the lower court shall remain in force. Certiorari is not often granted; Less than 1% of appeals to the High Court are actually heard by him. The Court usually hears cases where there are conflicting decisions on a particular issue across the country or where there is a glaring error in a case. The courts decide what really happened and what should be done about it. They decide if a person has committed a crime and what the punishment should be. They also offer a peaceful way to settle private disputes that people cannot resolve alone.
Depending on the litigation or crime, some cases end up in federal courts and others in state courts. Learn about the different types of federal courts. Bref de certiorari – Order of the Supreme Court ordering the lower court to provide records for a case for which it will hear on appeal. The Supreme Court is generally not required to hear appeals in cases. A rejection of the “certificate” by the Supreme Court leaves the previous judgment in place. State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be challenged before the U.S. Supreme Court.
The Supreme Court may decide whether or not to hear such cases. Only certain cases can be heard by the U.S. Supreme Court. Panel – (1) In appeal proceedings, a panel of judges (usually three) is responsible for deciding the case; (2) In the jury selection procedure, the group of potential jurors. Some of the tasks of the District Court are delegated to federal judges. Judges are appointed by the District Court by a majority of the judges and serve for a term of eight years if they are full-time and four years if they are part-time, but they may be reappointed at the end of their term. In criminal cases, magistrate judges may supervise certain cases, issue search warrants and arrest warrants, conduct initial hearings, fix bail, rule on certain applications (e.g. a request for the removal of evidence) and other similar measures. In civil cases, judges often deal with a variety of issues such as pre-trial requests and discoveries. Jury – to inquire about persons selected and sworn in accordance with the law and to make a judgment on questions of fact. Jurors in state courts can be as small as six jurors in some cases.
Federal jurors for civil lawsuits must have six jurors, criminal cases must have twelve. Criminal cases cannot be placed under the jurisdiction of diversity. States can only prosecute in state courts, and the federal government can only prosecute in federal courts. It is also important to note that the principle of double jeopardy – which does not allow a defendant to be charged twice on the same charge – does not apply between the federal and state governments. For example, if the state lays a murder charge and does not receive a conviction, in some cases the federal government is able to lay charges against the defendant if the act is also illegal under federal law. Magistrate Judges – Bailiffs who assist U.S. District Judges in preparing cases for trial. You can decide certain criminal and civil cases if both parties agree that the case will be heard by a district judge instead of a district judge. Federal courts function differently from state courts in many ways. The main difference for civil cases (as opposed to criminal cases) is the types of cases that can be heard in the federal system. Federal courts are courts of limited jurisdiction, which means they can only hear cases authorized by the U.S.
Constitution or federal laws. The Federal District Court is the starting point for all cases arising from federal laws, the Constitution or treaties. This type of jurisdiction is called the “court of origin”. Sometimes the jurisdiction of state courts overlaps with that of federal courts, meaning that some cases can be filed in both courts. The plaintiff first has the choice to take the case to a state or federal court. However, if the plaintiff chooses a state court, the defendant may sometimes choose to “revoke” the federal court. Preliminary Hearing – A hearing where the judge decides whether there is enough evidence to compel the defendant to go to court. Preliminary hearings do not require the same rules as court proceedings. For example, hearsay is often allowed during the preliminary hearing, but not during the trial. pro se – Latin term meaning “in one`s own name”; In the courts, these are people who present their own case without a lawyer.
Clerk – A court-appointed officer who works with the Chief Justice to oversee the administration of the court, particularly to help manage the flow of cases before the court and maintain court records. U.S. Attorney (or Federal Prosecutor) – A lawyer appointed by the President in each judicial district to prosecute and defend federal government business.