Omar Bennett
The United States Constitution outlines a federal court system with three main levels: district courts, circuit courts, and the Supreme Court. The U.S. Courts of Appeals, also known as appellate courts, are the intermediate appellate courts of the federal judiciary. They were established in 1891 and sit below the Supreme Court, hearing appeals from district courts and some administrative agencies. The Courts of Appeals are divided into 13 circuits, with 12 regional circuits and one Federal Circuit, and their decisions can be appealed to the Supreme Court. While the Constitution establishes the Supreme Court and authorizes Congress to create lower courts, it does not specifically mention the Court of Appeals by name. However, the constitutional system of checks and balances and the judicial branch's authority to interpret federal laws provide the framework for the role and function of the Courts of Appeals within the federal judiciary.
| Characteristics | Values |
|---|---|
| Number of courts of appeals | 13 |
| Court of appeals established in | 1891 |
| Court of appeals judges | 3 |
| Number of circuits | 12 |
| Number of district courts | 94 |
| Number of bankruptcy courts | 90 |
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What You'll Learn
The role of the Court of Appeals
The United States Courts of Appeals are the intermediate appellate courts of the United States federal judiciary. They are also referred to as circuit courts. The Courts of Appeals 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. The Courts of Appeals do not hold trials, hear witnesses testify, or involve a jury. Instead, they review decisions of trial courts for errors of law.
The Courts of Appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States, hearing appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington, DC. The Federal Circuit hears appeals from federal courts across the entire United States in cases involving certain specialized areas of law, such as patent laws.
In a Court of Appeals, an appeal is typically heard by a "'panel' of three randomly selected judges. Some cases receive an en banc hearing, where all of the circuit judges who are on active status consider the appeal.
The Courts of Appeals handle more than 50,000 cases each year. Ten percent or fewer of those decisions are appealed to the U.S. Supreme Court, which in turn hears oral arguments in fewer than 100 cases annually. Therefore, most Courts of Appeals decisions are final and binding on lower courts within the same circuit.
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The history of the Court of Appeals
The foundation of the Court of Appeals lies in Article III, Section 1 of the U.S. Constitution, which established the Supreme Court and authorized Congress to create lower courts. The Judiciary Act of 1789, enacted by Congress, established a court system distinct from the British model known to the Founding Fathers. This act divided states like Massachusetts and Virginia into districts and set the groundwork for the federal court structure.
As the nation grew, so did the number of appeals, and by the late 19th century, the Supreme Court was overwhelmed. Congress addressed this challenge by creating the Courts of Appeals, also known as the circuit courts, as an intermediate appellate level in the federal judiciary. These courts hear appeals from the district courts within their geographic regions, ensuring that most cases don't reach the Supreme Court.
The number of circuits and their composition have changed over time. Initially, there were six circuits established by the Midnight Judges Act, but this act was short-lived, and the Judiciary Act of 1802 reorganized the circuits once again. Today, there are thirteen appellate courts or circuits, with twelve regional circuits and one Federal Circuit. The number of judges in each circuit varies, with the Ninth Circuit having the most appellate judges due to its geographic size and population.
The Court of Appeals plays a crucial role in the judicial system, ensuring that lower courts correctly interpret and apply the law. They do not retry cases or consider new evidence, but their decisions are almost always final, providing guidance for lower courts within their circuits. The Court of Appeals also handles specific types of cases, such as appeals related to patents, contracts, and claims against the federal government in the Federal Circuit.
The judges in the Court of Appeals, also known as circuit judges, typically sit in panels of three, and their decisions can be appealed to the Supreme Court, which has final appellate jurisdiction. The establishment of the Court of Appeals has contributed to the independence of the judicial branch, establishing it as a strong coequal to Congress and the President.
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How to file an appeal
The process of filing an appeal may vary depending on the type of case and the jurisdiction. However, here is a general overview of how to file an appeal:
Step 1: Understanding the Grounds for Appeal
Before initiating an appeal, it is essential to understand the grounds on which an appeal can be made. Typically, an appeal can be filed if there was an error of law, which means the judge applied the wrong rule or legal standard to the case. For example, in custody cases, if a judge ignores evidence of domestic violence and makes a determination without considering the best interests of the child, it could be grounds for an appeal.
Step 2: Filing a Notice of Appeal
The first step in the appeal process is usually to file a Notice of Appeal within a specified time frame, often within 30 days of the date of the decision or judgment. This form can typically be obtained from the clerk of the court, also known as the Prothonotary. It is important to note that filing an appeal does not automatically halt the execution of the original court order. To do that, one must file a Motion to Stay, demonstrating that the order will cause irreparable harm and that the public interest favors granting the stay.
Step 3: Preparing the Case for Appeal
When preparing the case for appeal, the appellant (the person filing the appeal) presents their legal arguments in a document called a "brief." This brief aims to persuade the judges that the lower court made an error, and the decision should be reversed. The appellee (the other party) responds with their brief, defending the lower court's decision. These briefs can be supported by oral arguments, where appellate lawyers from both sides engage in a structured discussion with the panel of judges.
Step 4: Appellate Court Review
The appellate court, consisting of three judges, reviews the case to determine whether the law was applied correctly by the lower court. Unlike trial courts, appellate courts do not retry cases, hear new evidence, or witness testimony, and there is no jury. Their focus is on ensuring the fair application of the law.
Step 5: Appellate Court Decision
The decision of the appellate court is typically final and binding on lower courts within the same circuit. However, in rare cases, the decision may be reviewed by a larger group of judges or appealed to the Supreme Court, which will only hear the case if it involves significant legal principles or conflicting interpretations of law by different appellate courts.
It is important to note that the process may vary slightly depending on the state and the specific court system, and seeking legal advice from an attorney is always recommended.
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The types of cases heard by the Court of Appeals
The US Court of Appeals is an appellate court that sits below the US Supreme Court. There are 13 appellate courts in the US, which are also referred to as US Courts of Appeals. Each of the 12 regional circuits has its own court of appeals that reviews cases decided in US district courts within the circuit. The 13th court of appeals, the US Court of Appeals for the Federal Circuit, has nationwide jurisdiction to hear appeals in specialized cases, such as those involving patent laws, and cases decided by the US Court of International Trade and the US Court of Federal Claims.
The US Courts of Appeals routinely handle more than 50,000 cases each year. The court of appeals judges, also called circuit judges, usually sit in a panel of three judges to determine whether the law was applied correctly by a lower court or administrative agency. Unlike trial courts, appellate courts do not retry cases or hear new evidence, witnesses, or juries.
- Appeals of family law cases
- Probate cases
- Juvenile cases
- Felony cases
- Civil cases for more than a certain amount of money (in California, this is $35,000)
- Appeals of infraction (like traffic) and misdemeanor cases
- Cases involving patent laws
- Cases decided by the US Court of International Trade and the US Court of Federal Claims
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The number of judges in the Court of Appeals
The number of judges in a Court of Appeals panel varies depending on the circuit. In most circuits, a panel of three judges hears appeals cases, but the Ninth Circuit Court has a larger number of judges, with 29 in total. In this court, a smaller panel of ten judges, chosen at random, and the Chief Judge hear cases.
The U.S. Court of Appeals for the Federal Circuit has twelve judges in active service. Judges may elect to take senior status, which allows them to continue serving the court while handling fewer cases.
The U.S. Constitution's Article III established the Supreme Court and gave Congress the authority to create a system of lower courts. There are 13 appellate courts, or Courts of Appeals, below the Supreme Court. These courts review decisions made in U.S. district courts to determine whether the law was correctly applied.
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Frequently asked questions
The court of appeals is the intermediate appellate court of the United States federal judiciary. There are 13 appellate courts that sit below the U.S. Supreme Court, and they are called U.S. courts of appeals. The court of appeals does not hold trials or retry cases. Instead, it reviews decisions of trial courts to determine whether the law was applied correctly.
The "courts of appeals" system was established in the Judiciary Act of 1891. The number of circuits remained unchanged until the year after Rhode Island ratified the Constitution, when the Midnight Judges Act reorganized the districts into six numbered circuits. The 1802 Act then restored circuit riding, creating six new circuits. The U.S. courts of appeals were created in 1891, but the Supreme Court continued to hear mandatory appeals in several categories of cases.
The court of appeals reviews cases decided in U.S. district courts within the circuit. An appeal is usually heard by a co: 1,11,15"panel" of three randomly selected judges. The court reviews the procedures and decisions in the district courts to make sure that the proceedings were fair and that the law was applied correctly. The court of appeals decisions are binding on lower courts within the same circuit.
