United States Court of Appeals


 

The United States courts of appeals (or circuit courts) are the mid-level appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies.

Related Topics:
Appellate court - United States federal court system - District court - Federal judicial circuit - Administrative agencies

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There currently are 13 United States courts of appeals, although there are other tribunals (such as the Court of Appeals for the Armed Forces, which hears appeals in court-martial cases) that have "Court of Appeals" in their titles. These include eleven "numbered" circuits and the D.C. Circuit, which hear appeals from district courts located within their geographically-defined circuits, and the United States Court of Appeals for the Federal Circuit, which has nationwide jurisdiction over certain appeals based on subject matter. All of the courts of appeals also hear appeals from some administrative agency decisions and rulemaking, with by far the largest share of these cases heard by the D.C. Circuit. The Federal Circuit hears appeals from specialized trial courts, primarily the United States Court of International Trade and the United States Court of Federal Claims, as well as appeals from the district courts in patent cases and certain other specialized matters.

Related Topics:
Court of Appeals for the Armed Forces - Court-martial - D.C. Circuit - United States Court of Appeals for the Federal Circuit - United States Court of International Trade - United States Court of Federal Claims - Patent

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The circuit with the least number of appellate judges is the First Circuit, and the one with the most is the Ninth Circuit. The number of judges Congress has authorized for each circuit is set forth in the U.S. Code (U.S.C.) at Title 28, Section 44.

Related Topics:
First Circuit - Ninth Circuit - Congress - U.S. Code (U.S.C.)

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The rules that govern the procedure in the courts of appeals are the Federal Rules of Appellate Procedure. Being appellate courts, these courts do not hold trials, which is where witnesses and other evidence are presented to a jury or judge that then decides the facts of what happened and what, if any, punishment (in criminal cases), damages, or other relief should be awarded. Appeals courts decide only the question of whether the trial court reached the right conclusion in the case, based on the evidence presented there, so in an appeal the court considers only the record (that is, the papers the parties filed and the transcripts and any exhibits from any trial) from the trial court and the legal arguments of the parties, made in written form as briefs and sometimes in spoken form as oral argument at a hearing where the parties' lawyers (only) speak to the court.

Related Topics:
Brief - Oral argument

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In a court of appeals, an appeal is almost always heard by a "panel" of three of the court's judges, although there are instances where all of the judges will participate in an en banc hearing. As a rule, there is no right to appeal a decision of the federal circuit court to the Supreme Court of the United States, but a party may apply to that court to review a ruling of the circuit court -- that is called petitioning for a writ of certiorari -- and if the Supreme Court agrees, then the matter is treated like an appeal to the Supreme Court from the circuit court.

Related Topics:
En banc - Supreme Court of the United States - Writ of certiorari

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A court of appeals may also certify questions to the Supreme Court, a rare procedure that was used by the Second Circuit, sitting en banc, in United States v. Penaranda, as a result of the Supreme Court's decision in Blakely v. Washington. 28 U.S.C. 1254(2).

Related Topics:
Supreme Court - Blakely v. Washington - U.S.C.

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Although the courts of appeals are frequently referred to as "circuit courts," they should not be confused with the historical United States circuit courts, which existed from 1789 to 1911 and were primarily trial courts.

Related Topics:
United States circuit court - 1789 - 1911

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U.S. courts of appeals
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Latest news on united states court of appeals

Your Tax Dollars, Hard at... Something

I get visitors to this site from all over the world. Not a lot of visitors, mind you. But they come from all corners of the globe, and they're the best readers around. It's the quality of the clicks that matter, not the quantity. That's my stance. Until there's quantity. Then all bets are off. Obviously. In the meantime, the slow steady crawl of page hits allows me to see where people are coming from, and what they're seeing, and in many cases, what they came looking for. Through careful study and analysis, I've come to a firm and scientifically defensible conclusion: You people are freaks. Nah, I'm just kidding. Oh, don't get me wrong. There are freaks out there -- as I've documented several times in the past -- but mostly, I like to think that the people browsing by the site are just looking to kill a few minutes of time, and maybe grab a quick laugh or two. They're regular folks, whether from Paris, Texas or Paris, France, from Riyadh to Rio de Janiero, from Quebec to Canberra, and from everywhere in between. They're even, as I found out recently, from the United States government. Gulp. You may imagine, quite rightly, that when I first found hits from the Fed in my logs, I was a little worried. Who knows when the lawmakers will finally get around to passing some sort of anti-silliness law, or a bill outlawing the use of words like assmometer or flaccipointing? If not for the crippling economic situation, the half-dozen wars being fought, the recent election, baby-kissing photo ops, education, health care, billion-dollar bailouts, Social Security, welfare reform, special interest pandering, mall openings, urban rezoning, Constitutional amendments, media spinning, subcommittee meetings, foreign relations, union negotiations, environmental watchdogging and deciding what to buy Wolf Blitzer for Hanukkah, it'd be way up high on their to-do lists. Maybe even first. So it was with some trepidation that I clicked on an access log from last week indicating that a visitor from 'senate.gov' had made his or her honorable way to my little corner of the internets. And that trepidation trebled when I saw that specifically, the hit came from the office of the U.S. Senate Sergeant at Arms. It looked bad. It looked official. I had no freaking idea what a sergeant of arms is, or why the Senate would need one. So I looked it up on Wikipedia: "The Sergeant at Arms and Doorkeeper of the Senate is the law enforcer for the United States Senate. One of the chief roles of the Sergeant is to hold the gavel used at every session. The Sergeant can also request the attendance of absent Senators." He's a 'doorkeeper'. And his main duty is to hold a gavel and play truant officer for Senators playing hooky. Suddenly, I felt a lot less trepidatious. "With the architect of the Capitol and the House Sergeant at Arms, he serves on the Capitol Police Board, responsible for security around the building." Fine. I'd be concerned if I were blogging from the Capitol rotunda. From an unspecified location outside of Boston, I think I'm probably in the clear. Also. There's an architect on the Capitol Police Board? Seriously? Pfffft. Rent-a-cops.) "The Sergeant at Arms of the Senate can arrest any person upon their violating Senate rules (including the President of the United States)." Uh-oh. That whole 'flaccipointing' thing could conceivably violate Senate rules somehow. There's no way shit like that is covered in Roberts' Rules of Order. Maybe I'd better see what this person came looking for: grammar lesson your and you're Well. That takes a load off. Here I'm worried about being court-martialed -- or sworn in and court-martialed, or enlisted and court-martialed, or whatever they'd have to do to make me eligible -- and it's just some high-ranking government official searching for a basic rule of grammar taught to children in the third grade. That's... um, comforting. Sort of. The question is, was it more or less comforting than the visit I had today, also from the office of the Senate Sergeant at Arms, who found my Simpsons quotes page by searching: "you, sir, have the boorish manners of a Yalie" simpsons I suppose that sort of thing would come in handy on the job, when you catch a couple of truant freshman Senators hanging out at the ice cream shop when they're supposed to be voting. You'd think a 'Sergeant at Arms' would be using tougher language, though -- maybe he should be searching for Full Metal Jacket quotes, if he really wants to make an impression. I suppose you're not allowed to call elected officials 'maggot pukes', though. Not actually in the Senate building, anyway. Only in the newspapers, I guess. (It's remarkable, by the way, how much the U.S. Senate Sergeant of Arms' office gets around the web. I don't know what the size of the staff is like, but a quick search reveals several other posts like the one you're reading, reporting visits from the same folks. Of course, given the subject matter around this place, I ascribe little significance to a couple of chance visits from the legislative branch. Many of the sites above are political in nature, and prefer to think of the visits as much more targeted and meaningful. My guess? If they knew the truth, they'd be sadly flaccipointed.) As troubling as the experience with Sgt. Senate was, there was one other gubment-related log item of note in recent days. This one came from, of all places, the domain belonging to the United States Court of Appeals for Veterans Claims. And what, pray, were the good folks on the appeals board searching for, perhaps to assist in a ruling on some worthy veteran's case?: photographs of women who go commando Now, possibly they're talking about the military sort of commando. Maybe they're after pictures of camouflaged ladies, to compare to an alleged commando lady pleading her case to the court. There's a chance it's all on the up-and-up. Only... no. I don't think so. If you're in the military, and you have to Google for pics of 'women who go commando', I'm pretty sure it's not the good sort of 'commando'. (Depending on your views on underpants. And special forces personnel. And possibly whe'er the twain should meet.) At any rate, it's been an eye-opening experience to catch a glimpse of the browsing habits of supposedly-serious government officials. I suppose they're people, too, just like the rest of the internet crowd -- curious, bored, horny types looking to the web to brighten their days. Sometimes in the form of pantiless women, evidently. And who hasn't been there, am I right? But I'm not sure it helps me sleep any easier at night, knowing these elected officeholders are just as fragile, just as forgetful, and just as freaky as the rest of us. When it comes to learning about how these governmental gavelholders and Army appellate agents get their online jollies, one of their own policies leaps to mind: Don't ask. And don't tell. Freaks.