In: Operations Management
Describe the Federal Appellate system. How does one get a case
before the Appellate judiciary? How influential are the appellate
courts amongst one another? Explain.
US justice system comprises of 94 district or trial courts called US District Courts. These courts resolve the disputes among parties by application of legal principles. Each district has at least one trial court which includes a unit of bankruptcy court. Four district courts are empowered to here federal cases also.
There are 13 appellate court called the US courts of appeal. Each of the 94 judicial districts are grouped into 12 regional circuits each having an appelate court. Appellate courts determine whether the law was applied correctly by the district courts. All district court decisions can be challenged in the appropriate appelate court (from courts located within its circuit) as well as appeals from decisions of federal administrative agencies. Courts of appeal for the federal circuit has nationwide jurisdiction to hear appeals in the cases involving patent laws or the cases decided by the US court of International trade and US court of federal claims.
Among all Appellate courts, Supreme Court sits at the apex of the judicial system where judgement of the appellate courts can be challenged for a review. Supreme court may choose on its discretion to hear or reject the case. If it choses to hear, it determines if the principles of law were applied to the case correctly by appellate courts.
The authority of appellate courts to review a decisions of lower courts varies widely from one jurisdiction to another where in some places the appellate courts have limited power to review. In the US, the state and federal courts of appeal are restricted to determine only the correct legal determination, rather than examining the facts of the case. These courtss only hear the cases heared by the lower courts and not those in which an appeal is raised for the first time.