About the U.S. Courts of Appeals (2024)

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In the federal system, 94 district courts are organized into 12 circuits, or regions. Each circuit has its own Court of Appeals that reviews cases decided in U.S. District Courts within thecircuit. The U.S. Court of Appeals for the Federal Circuit brings the number of federal appellate courts to 13. This court takes cases from across the nation, but only particular types of cases.

Significance of U.S. Circuit Courts of Appeals

The Supreme Court of the United States hears about 100 to150 appeals of the more than 7,000 cases it is asked to review every year. That means the decisions made by the 12 Circuit Courts of Appeals across the country and the Federal Circuit Court are the last word in thousands of cases.

How Appellate Courts are Different from Trial Courts

At a trial in a U.S. District Court, witnesses give testimony and a judge or jury decides who is guilty or not guilty — or who is liable or not liable. The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.

The Right to Appeal

An appeal is available if, after a trial in the U.S. District Court, the losing side has issues with the trial court proceedings, the law that was applied, or how the law was applied. Generally, on these grounds, litigants have the right to an appellate court review of the trial court’s actions. In criminal cases, the government does not have the right to appeal.

Grounds for Making an Appeal

The reasons for an appeal vary. However, a common reason is that the dissatisfied side claims that the trial was conducted unfairly or that the trial judge applied the wrong law, or applied the law incorrectly. The dissatisfied side may also claim that the law the trial court applied violates the U.S. Constitution or a state constitution.

Roles and Terms

The side that seeks an appeal is called the petitioner. It is the side that brings the petition (request) asking the appellate court to review its case. The other side is known as the respondent. It is the side that comes to court to respond to and argue against the petitioner’s case.

Preparing for an Appellate Argument

Before lawyers come to court to argue their appeal, each side submits to the court a written argument called a brief. Briefs can actually be lengthy documents in which lawyers lay out the case for the judges prior to oral arguments in court.

About the U.S. Courts of Appeals (2024)

FAQs

About the U.S. Courts of Appeals? ›

Courts of Appeals

Why are US courts of appeals powerful? ›

The vast majority of courts of appeals decisions are final, and they are binding on lower courts within the same circuit. In addition, federal appellate courts hear cases that originated in state courts when they involve claims that a state or local law or action violates rights guaranteed under the U.S. Constitution.

Why was the US Court of Appeals created? ›

The U.S. Courts of Appeals were the first federal courts designed exclusively to hear cases on appeal from trial courts. Creating the appellate courts in 1891 was an effort to relieve the Supreme Court's overwhelming caseload by dealing with the dramatic increase in federal appeals filings.

What are the 13 courts of appeals? ›

The United States has 94 judicial circuits, above which there are 12 regional Courts of Appeals: District of Columbia Circuit, for Washington, D.C.; First Circuit, for Maine, New Hampshire, Massachusetts, Rhode Island, and Puerto Rico; Second Circuit, for Vermont, Connecticut, and New York; Third Circuit, for New ...

Which statement is true about the US Court of Appeals? ›

The statement that is true about the U.S. Court of Appeals is that it can review certain cases from the state-level supreme courts. The U.S. Court of Appeals is a federal appellate court that sits below the U.S. Supreme Court. It is divided into 13 circuits, each covering a specific geographic region.

What is the main function of US Courts of Appeals? ›

The U.S. Courts of Appeal hear appeals from lower courts of both civil and criminal trials, but do not investigate the facts of a case. Rather, the Appeals Courts investigate whether or not the law has been fairly and correctly applied by the lower courts.

What are US courts of appeal empowered to do? ›

A court of appeals hears challenges to district court decisions from courts located within its circuit, as well as appeals from decisions of federal administrative agencies.

What is the U.S. Court of Appeals also known as? ›

The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. They hear appeals of cases from the United States district courts and some U.S. administrative agencies, and their decisions can be appealed to the Supreme Court of the United States.

How many judges are on a U.S. appeals court? ›

Headquartered in San Francisco, California, the Ninth Circuit is by far the largest of the 13 U.S. Courts of Appeals, covering a total of nine states and two territories and with 29 active judgeships.

What is the highest court in the United States? ›

The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution.

How are the US courts of appeals arranged? ›

In the federal system, 94 district courts are organized into 12 circuits, or regions. Each circuit has its own Court of Appeals that reviews cases decided in U.S. District Courts within the circuit. The U.S. Court of Appeals for the Federal Circuit brings the number of federal appellate courts to 13.

What two kinds of decisions might a court of appeals judge make? ›

The Courts of Appeal can agree with the decision of the Trial Court, agree in part and disagree in part, or disagree and reverse the Trial judge's decision. The Courts' decisions are called opinions. The opinions are public and are posted on the Supreme Court's website.

What is the largest circuit court of appeals? ›

There are 13 judicial circuits, each with a court of appeals. The smallest court is the First Circuit with six judgeships, and the largest court is the Ninth Circuit, with 29 judgeships.

Does each state have a US Court of Appeals? ›

Each state contains one or more U.S. District Courts, or trial courts. Additionally, the states are grouped into thirteen circuits, with each circuit assigned an intermediate appellate court, called a U.S. Court of Appeal.

What federal court hears appeals? ›

With a national jurisdiction, the Court of Appeals for the Federal Circuit hears appeals on patent and certain civil cases from courts such as the U.S. Court of International Trade and the Court of Federal Claims, among others.

Does the US Court of Appeals issue a written opinion? ›

THE COURT'S OPINION

Within 90 days after the case is ordered submitted, the Court of Appeal will file its written opinion stating whether the judgment should be affirmed, reversed, or modified.

Why is the U.S. Supreme Court so powerful? ›

First, as the highest court in the land, it is the court of last resort for those looking for justice. Second, due to its power of judicial review, it plays an essential role in ensuring that each branch of government recognizes the limits of its own power.

Why is appeal court important? ›

Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.

What power of jurisdiction does the US Court of Appeals have? ›

There is also one Court of Appeals of the Federal Circuit. This court has nationwide jurisdiction to hear appeals in specialized cases, like patent law cases and cases decided by the Court of International Trade and the Court of Federal Claims. A Court of Appeals hears appeals from the district courts in its circuit.

Is the US Court of Appeals the highest court? ›

The Supreme Court of the United States is the highest court in the American judicial system, and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law.

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