Understanding The Federal Courts
Understanding the Federal Courts
The Constitution and the Federal Judiciary
The Federal Courts in American Government
The Federal Courts and Congress
The Federal Courts and the Executive Branch
The Federal Courts and the Public
Structure of the Federal Courts
Trial Courts
Appellate Courts
United States Supreme Court
The Jurisdiction of the Federal Courts
United States Judges
Appointment and Compensation
Judicial Salaries (separate document)
Judicial Ethics
Senior and Recalled Judges
The Judicial Process in Brief
An Adversarial System
Fees and Cost of Litigation
Procedural Rules for Conducting Litigation
Civil Cases
Criminal Cases
Jury Service
Bankruptcy Cases
The Appeals Process
Federal Judicial Administration
Individual Courts
Circuit Judicial Councils
The Judicial Conference of the U.S. and National Administration
Commonly Asked Questions About the Federal Judicial Process
Common Legal Terms
Directories
U.S. District Courts
U.S. Courts of Appeals
1
The Constitution and
U.S. Constitution
the Federal Judiciary
Article III
The judicial power of the
Article III of the United States Constitution establishes the judicial branch as one of
the three separate and distinct branches of the federal government. The other two are
United States shall be vested
the legislative and executive branches.
in one supreme Court, and
The federal courts often are called the guardians of the Constitution because their
in such inferior Courts as the
rulings protect rights and liberties guaranteed by the Constitution. Through fair and
Congress may from time to
impartial judgments, the federal courts interpret and apply the law to resolve disputes.
The courts do not make the laws. That is the responsibility of Congress. Nor do the
time ordain and establish. The
courts have the power to enforce the laws. That is the role of the President and the
Judges, both of the supreme
many executive branch departments and agencies.
and inferior Courts, shall hold
The Founding Fathers of the nation considered an independent federal judiciary es-
sential to ensure fairness and equal justice for all citizens of the United States. The
their Offices
Constitution they drafted promotes judicial independence in two major ways. First,
during good Behaviour, and
federal judges are appointed for life, and they can be removed from office only through
impeachment and conviction by Congress of “Treason, Bribery, or other high Crimes
shall, at stated Times,
and Misdemeanors.” Second, the Constitution provides that the compensation of fed-
receive for their Services,
eral judges “shall not be diminished during their Continuance in Office,” which means
a Compensation, which shall
that neither the President nor Congress can reduce the salary of a federal judge. These
two protections help an independent judiciary to decide cases free from popular pas-
not be diminished during their
sion and political influence.
Continuance in Office.
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The Federal Courts in
American Government
The three branches of the federal government — legislative, executive, and
judicial — operate within a constitutional system known as “checks and bal-
ances.” This means that although each branch is formally separate from the
other two, the Constitution often requires cooperation among the branches.
Federal laws, for example, are passed by Congress and signed by the Presi-
dent. The judicial branch, in turn, has the authority to decide the constitu-
tionality of federal laws and resolve other disputes over federal laws, but
judges depend upon the executive branch to enforce court decisions.
The Federal Courts and Congress
The Constitution gives Congress the power to create federal courts other than the Su-
preme Court and to determine their jurisdiction. It is Congress, not the judiciary, that
controls the type of cases that may be addressed in the federal courts.
Congress has three other basic responsibilities that determine how the courts
will operate. First, it decides how many judges there should be and where
they will work. Second, through the confirmation process, Congress deter-
mines which of the President’s judicial nominees ultimately become federal
judges. Third, Congress approves the federal courts’ budget and appropri-
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
3
ates money for the judiciary to operate. The judiciary’s budget is a very small
part — substantially less than one percent — of the entire federal budget.
The Federal Courts and the Executive Branch
Under the Constitution, the President appoints federal judges with the “ad-
vice and consent” of the Senate. The President usually consults senators or
other elected officials concerning candidates for vacancies on the federal
courts.
The President’s power to appoint new federal judges is not the judiciary’s
only interaction with the executive branch. The Department of Justice, which
is responsible for prosecuting federal crimes and for representing the gov-
ernment in civil cases, is the most frequent litigator in the federal court sys-
tem. Several other executive branch agencies affect the operations of the
courts. The United States Marshals Service, for example, provides security
for federal courthouses and judges, and the General Services Administra-
tion builds and maintains federal courthouses.
Within the executive branch there are some specialized subject-matter
courts, and numerous federal administrative agencies that adjudicate dis-
With certain very limited
putes involving specific federal laws and benefits programs. These courts
exceptions, each step of
include the United States Tax Court, the United States Court of Military
the federal judicial process
Appeals, and the United States Court of Veterans Appeals. Although these
is open to the public.
courts and agencies are not part of the judiciary established under Article III
of the Constitution, appeals of their decisions typically may be taken to
the Article III courts.
The Federal Courts and the Public
With certain very limited exceptions, each step of the federal judicial process
is open to the public. Many federal courthouses are historic buildings, and
all are designed to inspire in the public a respect for the tradition and pur-
pose of the American judicial process.
An individual citizen who wishes to observe a court in session may go to the
federal courthouse, check the court calendar, and watch a proceeding. Any-
U N D E R S T A N D I N G T H E F E D E R A L C O U R T S q 1 9 9 9
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one may review the pleadings and other papers in a case by going to the
clerk of court’s office and asking for the appropriate case file. Unlike most of
the state courts, however, the federal courts generally do not permit televi-
sion or radio coverage of trial court proceedings.
The right of public access to court proceedings is partly derived from the
Constitution and partly from court tradition. By conducting their judicial
work in public view, judges enhance public confidence in the courts, and
they allow citizens to learn first-hand how our judicial system works.
In a few situations the public may not have full access to court records and
court proceedings. In a high-profile trial, for example, there may not be
enough space in the courtroom to accommodate everyone who would like
to observe. Access to the courtroom also may be restricted for security or
privacy reasons, such as the protection of a juvenile or a confidential infor-
mant. Finally, certain documents may be placed under seal by the judge,
meaning that they are not available to the public. Examples of sealed infor-
mation include confidential business records, certain law enforcement re-
ports, and juvenile records.
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Structure of the Federal Courts
The Supreme Court is the highest court in the federal judiciary. Congress
has established two levels of federal courts under the Supreme Court: the
trial courts and the appellate courts.
Trial Courts
The United States district courts are the trial courts of the federal court sys-
tem. Within limits set by Congress and the Constitution, the district courts
have jurisdiction to hear nearly all categories of federal cases, including both
civil and criminal matters. There are 94 federal judicial districts, including
at least one district in each state, the District of Columbia and Puerto Rico.
Each district includes a United States bankruptcy court as a unit of the dis-
trict court. Three territories of the United States — the Virgin Islands, Guam,
and the Northern Mariana Islands — have district courts that hear federal
cases, including bankruptcy cases.
There are two special trial courts that have nationwide jurisdiction over cer-
tain types of cases. The Court of International Trade addresses cases involv-
ing international trade and customs issues. The United States Court of Federal
Claims has jurisdiction over most claims for money damages against the
United States, disputes over federal contracts, unlawful “takings” of private
property by the federal government, and a variety of other claims against
the United States.
Appellate Courts
The 94 judicial districts are organized into 12 regional circuits, each of which
has a United States court of appeals. A court of appeals hears appeals from
the district courts located within its circuit, as well as appeals from decisions
of federal administrative agencies. In addition, the 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 Court of
International Trade and the Court of Federal Claims.
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United States Supreme Court
The United States Supreme Court consists of the Chief Justice of the United
States and eight associate justices. At its discretion, and within certain guide-
lines established by Congress, the Supreme Court each year hears a limited
number of the cases it is asked to decide. Those cases may begin in the fed-
eral or state courts, and they usually involve important questions about the
Constitution or federal law.
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The United States
Federal Courts
SUPREME
UNITED STATES
COURT
SUPREME COURT
APPELLATE
U.S. Courts of Appeals
COURTS
12 Regional Circuit Courts of Appeals
1 U.S. Court of Appeals for the Federal Circuit
TRIAL
U.S. District Courts
COURTS
94 judicial districts
U.S. Bankruptcy Courts
U.S. Court of International Trade
U.S. Court of Federal Claims
FEDERAL COURTS
Military Courts (Trial and Appellate)
AND OTHER ENTITIES
OUTSIDE THE
Court of Veterans Appeals
JUDICIAL BRANCH
U.S. Tax Court
Federal administrative agencies
and boards
T H ET A
H E D M
A I
D N
M I S
N T
I S RT AR TA IT VI E
V
E OO FF F I C E
E O
O F F T TH H
E E
U . US . S
.
C O CU O
R U
T SR T S
7
The Jurisdiction of
the Federal Courts
Before a federal court can hear a case, or “exercise its jurisdiction,” certain
conditions must be met. First, under the Constitution, federal courts exer-
cise only “judicial” powers. This means that federal judges may interpret
the law only through the resolution of actual legal disputes, referred to in
Article III of the Constitution as “Cases or Controversies.” A court cannot
attempt to correct a problem on its own initiative, or to answer a hypo-
thetical legal question.
Second, assuming there is an actual case or controversy, the plaintiff in a
A court cannot attempt to
federal lawsuit also must have legal “standing” to ask the court for a deci-
correct a problem on its own
sion. That means the plaintiff must have been aggrieved, or legally harmed
initiative, or to answer a
in some way, by the defendant.
hypothetical legal question.
Third, the case must present a category of dispute that the law in question
was designed to address, and it must be a complaint that the court has the
power to remedy. In other words, the court must be authorized, under the
Constitution or a federal law, to hear the case and grant appropriate relief to
the plaintiff. Finally, the case cannot be “moot,” that is, it must present an
ongoing problem for the court to resolve. The federal courts, thus, are courts
of “limited” jurisdiction because they may only decide certain types of cases
as provided by Congress or as identified in the Constitution.
Although the details of the complex web of federal jurisdiction that Con-
gress has given the federal courts is beyond the scope of this brief guide, it is
important to understand that there are two main sources of the cases com-
ing before the federal courts: “federal question” jurisdiction, and “diversity”
jurisdiction.
In general, federal courts may decide cases that involve the United States
government, the United States Constitution or federal laws, or controversies
between states or between the United States and foreign governments. A
case that raises such a “federal question” may be filed in federal court. Ex-
U N DU EN RDSE TRAS NT D
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G ET F
H EE DF E R
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amples of such cases might include a claim by an individual for entitlement
to money under a federal government program such as Social Security, a
claim by the government that someone has violated federal laws, or a chal-
lenge to actions taken by a federal agency.
A case also may be filed in federal court based on the “diversity of citizen-
ship” of the litigants, such as between citizens of different states, or be-
tween United States citizens and those of another country. To ensure fairness
to the out-of-state litigant, the Constitution provides that such cases may
be heard in a federal court. An important limit to diversity jurisdiction is
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Geographic Boundaries
of United States
Courts of Appeals
and United States
District Courts
that only cases involving more than $75,000 in potential damages may be
filed in a federal court. Claims below that amount may only be pursued in
state court. Moreover, any diversity jurisdiction case regardless of the
amount of money involved may be brought in a state court rather than a
federal court.
Federal courts also have jurisdiction over all bankruptcy matters, which
Congress has determined should be addressed in federal courts rather than
the state courts. Through the bankruptcy process, individuals or businesses
that can no longer pay their creditors may either seek a court-supervised
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liquidation of their assets, or they may reorganize their financial affairs and
work out a plan to pay off their debts.
Although federal courts are located in every state, they are not the only
forum available to potential litigants. In fact, the great majority of legal
disputes in American courts are addressed in the separate state court sys-
tems. For example, state courts have jurisdiction over virtually all divorce
and child custody matters, probate and inheritance issues, real estate ques-
tions, and juvenile matters, and they handle most criminal cases, contract
disputes, traffic violations, and personal injury cases. In addition, certain
categories of legal disputes may be resolved in special courts or entities
that are part of the federal executive or legislative branches, and by state
and federal administrative agencies.
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CODE OF CONDUCT
FOR UNITED STATES
JUDGES
A judge should uphold
the integrity and
independence
of the judiciary.
A judge should avoid
impropriety and the
appearance of impropriety
in all activities.
A judge should perform
the duties of the office
impartially and diligently.
A judge may engage in
extra-judicial activities to
improve the law,
the legal system, and the
United States Judges
administration of justice.
A judge should regulate
The work of the federal courts touches upon many of the most significant
extra-judicial activities to
issues affecting the American people, and federal judges exercise wide au-
minimize the risk of conflict
with judicial duties.
thority and discretion in the cases over which they preside. This section dis-
cusses how federal judges are chosen, and provides basic information on
A judge should regularly file
reports of compensation
judicial compensation, ethics, and the role of senior and recalled judges.
received for law-related and
extra-judicial activities.
Appointment and Compensation
A judge should refrain
from political activity.
Justices of the Supreme Court, judges of the courts of appeals and the dis-
trict courts, and judges of the Court of International Trade, are appointed
under Article III of the Constitution by the President of the United States
with the advice and consent of the Senate. Article III judges are appointed
for life, and they can only be removed through the impeachment process.
Although there are no special qualifications to become a judge of these
courts, those who are nominated are typically very accomplished private
or government attorneys, judges in state courts, magistrate judges or bank-
ruptcy judges, or law professors. The judiciary plays no role in the nomi-
nation or confirmation process.
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12
Bankruptcy judges are judicial officers of the district courts and are appointed
by the courts of appeals for 14-year terms. Magistrate judges are judicial
officers of the district courts and are appointed by the judges of the district
court for eight-year terms. The President and the Senate play no role in the
selection of bankruptcy and magistrate judges. Judges of the Court of Fed-
eral Claims are appointed for terms of 15 years by the President with the
advice and consent of the Senate.
Each court in the federal system has a chief judge who, in addition to hear-
ing cases, has administrative responsibilities relating to the operation of the
court. The chief judge is normally the judge who has served on the court the
longest. Chief district and court of appeals judges must be under age 65 to
be designated as chief judge. They may serve for a maximum of seven years
and may not serve as chief judge beyond the age of 70.
All federal judges receive salaries and benefits that are set by Congress. Judi-
cial salaries are roughly equal to salaries of Members of Congress.
Judicial Ethics
Federal judges abide by the Code of Conduct for United States Judges, a set
of ethical principles and guidelines adopted by the Judicial Conference of
the United States. The Code of Conduct provides guidance for judges on
issues of judicial integrity and independence, judicial diligence and impar-
tiality, permissible extra-judicial activities, and the avoidance of impropri-
ety or even its appearance.
Judges may not hear cases in which they have either personal knowledge of
the disputed facts, a personal bias concerning a party to the case, earlier
involvement in the case as a lawyer, or a financial interest in any party or
subject matter of the case.
Many federal judges devote time to public service and educational activities.
They have a distinguished history of service to the legal profession through
their writing, speaking, and teaching. This important role is recognized in
the Code of Conduct, which encourages judges to engage in activities to
improve the law, the legal system, and the administration of justice.
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Senior and Recalled Judges
Court of appeals, district court, and Court of International Trade judges
Senior judges typically
have life tenure, and they may retire if they are at least 65 years old and meet
handle about 15–20% of
certain years of service requirements. Most Article III judges who are eli-
the appellate and district
gible to retire decide to continue to hear cases on a full or part-time basis as
“senior judges.” Retired bankruptcy, magistrate, and Court of Federal Claims
court workloads.
judges also may be “recalled” to active service. Without the efforts of senior
and recalled judges, the judiciary would need many more judges to handle
its cases. Senior judges, for example, typically handle about 15-20% of the
appellate and district court workloads.
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The Federal Judicial Process in Brief
This section describes three key features of the federal judicial system and
gives an overview of the process in criminal cases, civil cases, and bank-
ruptcy proceedings. Also included are brief descriptions of jury service and
selection procedures and the appeals process.
An Adversarial System
The litigation process in United States courts is referred to as an “adversarial”
system because it relies on the litigants to present their dispute before a neu-
tral fact-finder. According to American legal tradition, inherited from the
English common law, the clash of adversaries before the court is most likely
to allow the jury or judge to determine the truth and resolve the dispute at
hand. In some other legal systems, judges or other court officials investigate
and assist the parties to find relevant evidence or obtain testimony from
witnesses. In the United States, the work of collecting evidence and prepar-
ing to present it to the court is accomplished by the litigants and their attor-
neys, normally without assistance from the court.
Fees and the Costs of Litigation
Another characteristic of the American judicial system is that litigants typi-
cally pay their own court costs and attorneys fees whether they win or lose.
The federal courts charge fees that are mostly set by Congress. For example,
it costs $150 to file a civil case. Other costs of litigation, such as attorneys
and experts fees, are more substantial. In criminal cases the government pays
the costs of investigation and prosecution. The government also provides a
lawyer without cost for any criminal defendant who is unable to afford one.
In civil cases, plaintiffs who cannot afford to pay court fees may seek per-
mission from the court to proceed without paying those fees.
Procedural Rules for Conducting Litigation
There are federal rules of evidence, and rules of civil, criminal, bankruptcy
and appellate procedure that must be followed in the federal courts. They
are designed to promote simplicity, fairness, the just determination of litiga-
tion, and the elimination of unjustifiable expense and delay. The rules are
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
15
drafted by committees of judges, lawyers, and professors appointed by the
To avoid the expense and
Chief Justice. They are published widely by the Administrative Office for
delay of having a trial, judges
public comment, approved by the Judicial Conference of the United States,
encourage the litigants to
and promulgated by the Supreme Court. The rules become law unless the
try to reach an agreement
Congress votes to reject or modify them.
resolving their dispute.
Civil Cases
A federal civil case involves a legal dispute between two or more parties. To
begin a civil lawsuit in federal court, the plaintiff files a complaint with the
court and “serves” a copy of the complaint on the defendant. The complaint
describes the plaintiff ’s injury, explains how the defendant caused the in-
jury, and asks the court to order relief. A plaintiff may seek money to com-
pensate for the injury, or may ask the court to order the defendant to stop
the conduct that is causing the harm. The court may also order other types
of relief, such as a declaration of the legal rights of the plaintiff in a particu-
lar situation.
To prepare a case for trial, the litigants may conduct “discovery.” In discov-
ery, the litigants must provide information to each other about the case,
such as the identity of witnesses and copies of any documents related to the
case. The purpose of discovery is to prepare for trial by requiring the liti-
gants to assemble their evidence and prepare to call witnesses. Each side also
may file requests, or “motions,” with the court seeking rulings on the discov-
ery of evidence, or on the procedures to be followed at trial.
One common method of discovery is the deposition. In a deposition, a wit-
ness is required to answer under oath questions about the case asked by the
lawyers in the presence of a court reporter. The court reporter is a person
specially trained to record all testimony and produce a word-for-word ac-
count called a transcript.
To avoid the expense and delay of having a trial, judges encourage the liti-
gants to try to reach an agreement resolving their dispute. In particular, the
courts encourage the use of mediation, arbitration, and other forms of al-
ternative dispute resolution, or “ADR,” designed to produce an early resolu-
tion of a dispute without the need for trial or other court proceedings. As a
result, litigants often decide to resolve a civil lawsuit with an agreement known
as a “settlement.”
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If a case is not settled, the court will schedule a trial. In a wide variety of civil
cases, either side is entitled under the Constitution to request a jury trial. If
the parties waive their right to a jury, then the case will be heard by a judge
without a jury.
At a trial, witnesses testify under the supervision of a judge. By applying
rules of evidence, the judge determines which information may be presented
in the courtroom. To ensure that witnesses speak from their own knowledge
and do not change their story based on what they hear another witness say,
witnesses are kept out of the courtroom until it is time for them to testify. A
court reporter keeps a record of the trial proceedings. A deputy clerk of court
also keeps a record of each person who testifies and marks for the record any
documents, photographs, or other items introduced into evidence.
As the questioning of a witness proceeds, the opposing attorney may object
to a question if it invites the witness to say something that is not based on
the witness’s personal knowledge, is unfairly prejudicial, or is irrelevant to
the case. The judge rules on the objection, generally by ruling that it is either
sustained or overruled. If the objection is sustained, the witness is not re-
quired to answer the question, and the attorney must move on to his next
question. The court reporter records the objections so that a court of ap-
peals can review the arguments later if necessary.
At the conclusion of the evidence, each side gives a closing argument. In a
jury trial, the judge will explain the law that is relevant to the case and the
decisions the jury needs to make. The jury generally is asked to determine
whether the defendant is responsible for harming the plaintiff in some way,
and then to determine the amount of damages that the defendant will be
required to pay. If the case is being tried before a judge without a jury, known
as a “bench” trial, the judge will decide these issues. In a civil case the plain-
tiff must convince the jury by a “preponderance of the evidence” (i.e., that it
is more likely than not) that the defendant is responsible for the harm the
plaintiff has suffered.
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Criminal Cases
The judicial process in a criminal case differs from a civil case in several
important ways. At the beginning of a federal criminal case, the principal
actors are the U.S. attorney (the prosecutor) and the grand jury. The U.S.
attorney represents the United States in most court proceedings, including
all criminal prosecutions. The grand jury reviews evidence presented by the
U.S. attorney and decides whether there is sufficient evidence to require a
defendant to stand trial.
After a person is arrested, a pretrial services or probation officer of the court
immediately interviews the defendant and conducts an investigation of the
defendant’s background. The information obtained by the pretrial services
or probation office will be used to help a judge decide whether to release the
The standard of proof in a
defendant into the community before trial, and whether to impose condi-
tions of release.
criminal trial is proof
“beyond a reasonable doubt,”
At an initial appearance, a judge advises the defendant of the charges filed, con-
which means the evidence
siders whether the defendant should be held in jail until trial, and determines
must be so strong that there
whether there is probable cause to believe that an offense has been committed
is no reasonable doubt
and the defendant has committed it. Defendants who are unable to afford coun-
sel are advised of their right to a court-appointed attorney. The court may ap-
that the defendant
point either a federal public defender or a private attorney who has agreed to
committed the crime.
accept such appointments from the court. In either type of appointment, the
attorney will be paid by the court from funds appropriated by Congress. Defendants re-
leased into the community before trial may be required to obey certain restrictions, such as
home confinement or drug testing, and to make periodic reports to a pretrial services of-
ficer to ensure appearance at trial.
The defendant enters a plea to the charges brought by the U.S. attorney at a hearing
known as an arraignment. Most defendants — more than 90% — plead guilty rather
than go to trial. If a defendant pleads guilty in return for the government agreeing to
drop certain charges or to recommend a lenient sentence, the agreement often is called
a “plea bargain.” If the defendant pleads guilty, the judge may impose a sentence at that
time, but more commonly will schedule a hearing to determine the sentence at a later
date. In most felony cases the judge waits for the results of a presentence report, pre-
pared by the court’s probation office, before imposing sentence. If the defendant pleads
not guilty, the judge will proceed to schedule a trial.
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Criminal cases include a limited amount of pretrial discovery proceedings
similar to those in civil cases, with substantial restrictions to protect the iden-
tity of government informants and to prevent intimidation of witnesses. The
attorneys also may file motions, which are requests for rulings by the court
before the trial. For example, defense attorneys often file a motion to sup-
press evidence, which asks the court to exclude from the trial evidence that
the defendant believes was obtained by the government in violation of the
defendant’s constitutional rights.
In a criminal trial, the burden of proof is on the government. Defendants do
not have to prove their innocence. Instead, the government must provide
evidence to convince the jury of the defendant’s guilt. The standard of proof
in a criminal trial is proof “beyond a reasonable doubt,” which means the
evidence must be so strong that there is no reasonable doubt that the defen-
dant committed the crime.
If a defendant is found not guilty, the defendant is released and the govern-
ment may not appeal. Nor can the person be charged again with the same
crime in a federal court. The Constitution prohibits “double jeopardy,” or
being tried twice for the same offense.
If the verdict is guilty, the judge determines the defendant’s sentence accord-
ing to special federal sentencing guidelines issued by the United States Sen-
tencing Commission. The court’s probation office prepares a report for the
court that applies the sentencing guidelines to the individual defendant and
the crimes for which he or she has been found guilty. During sentencing, the
court may consider not only the evidence produced at trial, but all relevant
information that may be provided by the pretrial services officer, the U.S.
attorney, and the defense attorney. In unusual circumstances, the court may
depart from the sentence calculated according to the sentencing guidelines.
A sentence may include time in prison, a fine to be paid to the government,
and restitution to be paid to crime victims. The court’s probation officers
assist the court in enforcing any conditions that are imposed as part of a
criminal sentence. The supervision of offenders also may involve services
such as substance abuse testing and treatment programs, job counseling,
and alternative detention options.
T H ET A
H E D M
A I
D N
M I S
N T
I S RT AR TA IT VI E
V
E OO FF F I C E
E O
O F F T TH H
E E
U . US . S
.
C O CU O
R U
T SR T S
19
Jury Service
J U R O R
Perhaps the most important way individual citizens become involved in the
Q U A L I F I C AT I O N S
A N D E X E M P T I O N S
federal judicial process is by serving as jurors. There are two types of juries
serving distinct functions in the federal trial courts: trial juries (also known
Qualifications to be
as petit juries), and grand juries.
a Juror
United States citizen
Trial jury
At least 18 years of age
Reside in the judicial district
A civil trial jury is typically made up of 6 to 12 persons. In a civil case, the role
for one year
of the jury is to listen to the evidence presented at a trial, to decide whether the
Adequate proficiency
defendant injured the plaintiff or otherwise failed to fulfill a legal duty to the
in English
plaintiff, and to determine what the compensation or penalty should be. A
No disqualifying mental
or physical condition
criminal trial jury is usually made up of 12 members. Criminal juries decide
Not currently subject to
whether the defendant committed the crime as charged. The sentence usually
felony charges
is set by a judge. Verdicts in both civil and criminal cases must be unanimous,
Never convicted of a felony
(unless civil rights have
although the parties in a civil case may agree to a non-unanimous verdict. A
been legally restored)
jury’s deliberations are conducted in private, out of sight and hearing of the
judge, litigants, witnesses, and others in the courtroom.
Exemptions from Service
Active duty members
Grand jury
of the armed forces
Members of police
A grand jury, which normally consists of 16 to 23 members, has a more
and fire departments
specialized function. The United States attorney, the prosecutor in federal
Certain public officials
criminal cases, presents evidence to the grand jury for them to determine
Others based on
whether there is “probable cause” to believe that an individual has commit-
individual court rules
(such as members of voluntary
ted a crime and should be put on trial. If the grand jury decides there is
emergency service organizations
and people who recently have
enough evidence, it will issue an indictment against the defendant. Grand
served on a jury)
jury proceedings are not open for public observation.
Temporary Deferrals
Jury selection procedures
of Service
Potential jurors are chosen from a jury pool generated by random selection
May be granted at the court’s
discretion on the grounds of
of citizens’ names from lists of registered voters, or combined lists of voters
“undue hardship or extreme
inconvenience.”
and people with drivers licenses, in the judicial district. The potential jurors
complete questionnaires to help determine whether they are qualified to serve
on a jury. After reviewing the questionnaires, the court randomly selects
individuals to be summoned to appear for jury duty. These selection meth-
ods help ensure that jurors represent a cross section of the community, with-
out regard to race, gender, national origin, age or political affiliation.
U N DU EN RDSE TRAS NT D
A INNDGI N T H
G ET F
H EE DF E R
D A
E L
R A CL O
U
C R
O T
U S
R T S q 1 9 9 9
·
1 9 9 9
20
T E R M S O F
J U R Y S E R V I C E
Length of Service
Trial jury service
varies by court
Some courts require service
for one day or for the
duration of one trial; others
require service for a fixed
term of up to one month
Being summoned for jury service does not guarantee that an individual
(or more if a trial is longer).
actually will serve on a jury. When a jury is needed for a trial, the group of
Grand jury service may
be up to 18 months.
qualified jurors is taken to the courtroom where the trial will take place.
Payment
The judge and the attorneys then ask the potential jurors questions to de-
$40 per day; in some
termine their suitability to serve on the jury, a process called voir dire. The
instances jurors may also
purpose of voir dire is to exclude from the jury people who may not be
receive meal and travel
allowances.
able to decide the case fairly. Members of the panel who know any person
Employment Protections
involved in the case, who have information about the case, or who may
By law, employers must
have strong prejudices about the people or issues involved in the case, typi-
allow employees time off
cally will be excused by the judge. The attorneys also may exclude a certain
(paid or unpaid) for jury
service. The law also forbids
number of jurors without giving a reason.
any employer from firing,
intimidating, or coercing
any permanent employee
because of their federal
jury service.
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
21
Bankruptcy Cases
Federal courts have exclusive jurisdiction over bankruptcy cases. This means
that a bankruptcy case cannot be filed in a state court.
The primary purposes of the law of bankruptcy are: (1) to give an honest
debtor a “fresh start” in life by relieving the debtor of most debts, and (2) to
repay creditors in an orderly manner to the extent that the debtor has prop-
erty available for payment.
A bankruptcy case normally begins by the debtor filing a petition with the
bankruptcy court. A petition may be filed by an individual, by a husband
and wife together, or by a corporation or other entity. The debtor is also
required to file statements listing assets, income, liabilities, and the names
and addresses of all creditors and how much they are owed. The filing of
the petition automatically prevents, or “stays,” debt collection actions
against the debtor and the debtor’s property. As long as the stay remains in effect,
creditors cannot bring or continue lawsuits, make wage garnishments, or even make
The primary purposes of
telephone calls demanding payment. Creditors receive notice from the clerk of court
the law of bankruptcy are:
that the debtor has filed a bankruptcy petition. Some bankruptcy cases are filed to
(1)
allow a debtor to reorganize and establish a plan to repay creditors, while other cases
to give an honest debtor
a “fresh start” in life by
involve liquidation of the debtor’s property. In many bankruptcy cases involving
relieving the debtor of
liquidation of the property of individual consumers, there is little or no money avail-
most debts, and
able from the debtor’s estate to pay creditors. As a result, in these cases there are few
(2)
issues or disputes, and the debtor is normally granted a “discharge” of most debts
to repay creditors in
without objection. This means that the debtor will no longer be personally liable for
an orderly manner to the
extent that the debtor
repaying the debts.
has property available
for payment.
U N D E R S T A N D I N G T H E F E D E R A L C O U R T S q 1 9 9 9
22
Some bankruptcy cases are
In other cases, however, disputes may give rise to litigation in a bankruptcy
case over such matters as who owns certain property, how it should be used,
filed to allow a debtor to
what the property is worth, how much is owed on a debt, whether the debtor
reorganize and establish
should be discharged from certain debts, or how much money should be
a plan to repay creditors,
paid to lawyers, accountants, auctioneers, or other professionals. Litigation
while other cases involve
in the bankruptcy court is conducted in much the same way that civil cases
liquidation of the
are handled in the district court. There may be discovery, pretrial proceed-
debtor’s property.
ings, settlement efforts, and a trial.
C A T E G O R I E S O F B A N K R U P T C Y C A S E S
Chapter 7 (Liquidation)
Chapter 7 is designed to repay debts owed to creditors by selling most of the
debtor’s property. When a Chapter 7 case is filed, a trustee is appointed to
take over the debtor’s property for the benefit of the debtor’s creditors. The
debtor, however, is allowed to keep a limited amount of “exempt” property
specified by law. The trustee then sells all non-exempt property of the debtor
and distributes it to creditors in accordance with procedures set forth in the
bankruptcy laws.
Chapter 13 (Debt Adjustment of An Individual)
In a Chapter 13 bankruptcy, the debtor may keep his or her property, but must
repay creditors in installments taken from the debtor’s future earnings. A
debtor is required to submit a plan for approval by the court specifying how
and when the debts will be repaid to creditors. A trustee is appointed in a
Chapter 13 case, and a portion of the debtor’s future income in most cases is
paid to the trustee, who then pays creditors.
Chapter 11 (Reorganization)
Chapter 11 is designed mainly to give an ongoing business an opportunity to
resolve financial problems through reorganization. A trustee is not normally
appointed. The debtor is allowed to continue to operate the business under
court supervision.
Chapter 12 (Debt Adjustment of a Family Farmer)
Chapter 12 is similar in many respects to Chapter 13, except that it is available
only to family farmers.
Chapter 9 (Debt Adjustment of a Municipality)
Chapter 9 is available only to a political subdivision (i.e., a city, town, or county),
public agency, or other instrumentality of a state.
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
23
The Appeals Process
The losing party in a decision by a trial court in the federal system normally
is entitled to appeal the decision to a federal court of appeals. Similarly, a
litigant who is not satisfied with a decision made by a federal administrative
agency usually may file a petition for review of the agency decision by a
court of appeals. Judicial review in cases involving certain federal agencies
or programs — for example, disputes over Social Security benefits — may
be obtained first in a district court rather than directly to a court of appeals.
In a civil case either side may appeal the verdict. In a criminal case, the
defendant may appeal a guilty verdict, but the government may not appeal
if a defendant is found not guilty. Either side in a criminal case may appeal
with respect to the sentence that is imposed after a guilty verdict.
In most bankruptcy courts, an appeal of a ruling by a bankruptcy judge may
be taken to the district court. Several courts of appeals, however, have estab-
lished a Bankruptcy Appellate Panel consisting of three bankruptcy judges
to hear appeals directly from the bankruptcy courts. In either situation, the
party that loses in the initial bankruptcy appeal may then appeal to the court
of appeals.
A litigant who files an appeal, known as an “appellant,” must show that the
trial court or administrative agency made a legal error that affected the deci-
sion in the case. The court of appeals makes its decision based on the record
of the case established by the trial court or agency. It does not receive addi-
tional evidence or hear witnesses. The court of appeals also may review the
factual findings of the trial court or agency, but typically may only overturn
a decision on factual grounds if the findings were “clearly erroneous.”
Appeals are decided by panels of three judges working together. The appel-
lant presents legal arguments to the panel, in writing, in a document called a
“brief.” In the brief, the appellant tries to persuade the judges that the trial
In a criminal case the defendant
court made an error, and that its decision should be reversed. On the other
may appeal a guilty verdict, but
hand, the party defending against the appeal, known as the “appellee,” tries
the government may not appeal
in its brief to show why the trial court decision was correct, or why any error
if a defendant is found not guilty.
made by the trial court was not significant enough to affect the outcome of
the case.
U N D E R S T A N D I N G T H E F E D E R A L C O U R T S q 1 9 9 9
24
Although some cases are decided on the basis of written briefs alone, many
cases are selected for an “oral argument” before the court. Oral argument
in the court of appeals is a structured discussion between the appellate
lawyers and the panel of judges focusing on the legal principles in dispute.
Each side is given a short time — usually about 15 minutes — to present
arguments to the court.
The court of appeals decision usually will be the final word in the case, un-
less it sends the case back to the trial court for additional proceedings, or the
parties ask the U.S. Supreme Court to review the case. In some cases the
decision may be reviewed en banc, that is, by a larger group of judges (usu-
ally all) of the court of appeals for the circuit.
A litigant who loses in a federal court of appeals, or in the highest court of
The court of appeals decision
a state, may file a petition for a “writ of certiorari,” which is a document
usually will be the final word
asking the Supreme Court to review the case. The Supreme Court, how-
in the case, unless it sends the
ever, does not have to grant review. The Court typically will agree to hear a
case back to the trial court
case only when it involves an unusually important legal principle, or when
for additional proceedings,
two or more federal appellate courts have interpreted a law differently. There
are also a small number of special circumstances in which the Supreme
or the parties ask the
Court is required by law to hear an appeal. When the Supreme Court hears
U.S. Supreme Court to
a case, the parties are required to file written briefs and the Court may
review the case.
hear oral argument.
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
25
Federal Judicial Administration
Individual Courts
The day-to-day responsibility for judicial administration rests with each
individual court. Each court is given the responsibility by statute and ad-
ministrative practice to appoint support staff, supervise spending, and
manage the court’s records.
The chief judge of each court plays a key leadership role in overseeing and
The judicial council is
coordinating the efficient operations of the court. Although the chief judge
authorized by statute to
is generally responsible for overseeing day-to-day court administration,
important policy decisions are made by the judges of the court working
issue orders to promote
together.
accountability and the
“effective and expeditious
The primary administrative officer of each court is the clerk of court. The
administration of justice
clerk manages the court’s non-judicial functions in accordance with policies
within its circuit.”
set by the court, and reports directly to the court through its chief judge.
Among the clerk’s many functions are:
• Maintaining the records and dockets of the court
• Paying all fees, fines, costs and other monies collected
into the U.S. Treasury
• Administering the court’s jury system
• Providing interpreters and court reporters
• Sending official court notices and summons
• Providing courtroom support services
The Circuit Judicial Councils
At the regional level, a “circuit judicial council” in each circuit oversees the
administration of the courts located in its geographic circuit. Each circuit
judicial council consists of the chief circuit judge, who serves as the chair,
and an equal number of other circuit and district judges.
U N D E R S T A N D I N G T H E F E D E R A L C O U R T S q 1 9 9 9
26
The judicial council oversees numerous aspects of court of appeals and dis-
COURT
trict court operations. It is authorized by statute to issue orders to promote
SUPPORT STAFF
accountability and the “effective and expeditious administration of justice
In addition to their per-
within its circuit.” Aside from its fundamental responsibility to ensure that
sonal chambers staff of
law clerks and secretaries,
individual courts are operating effectively, the judicial council is responsible
judges rely on central
for reviewing local court rules for consistency with national rules of proce-
court support staff to
dure, approving district court plans on topics such as equal employment
assist in the work of the
court. These staff include:
opportunity and jury selection, and reviewing complaints of judicial mis-
Clerk
conduct. Each judicial council appoints a “circuit executive,” who works
The chief administrative
closely with the chief circuit judge to coordinate a wide range of administra-
officer of the court, who
tive matters in the circuit.
keeps court records,
handles court monies, and
supervises court operations.
The Judicial Conference of the United States
Circuit Executive
and National Administration
Performs a broad range
of administrative tasks
The Judicial Conference of the United States
under the direction of
the regional circuit
The Judicial Conference of the United States is the federal courts’ national
judicial council
policy-making body. The Chief Justice of the United States presides over
Court Reporter
the Judicial Conference, which consists of 26 other members including the
Makes a word-for-word
record of court proceedings
chief judge of each court of appeals, one district court judge from each
and prepares a transcript.
regional circuit, and the chief judge of the Court of International Trade.
Court Librarian
The Judicial Conference works through committees established along sub-
Maintains court libraries
ject matter lines to recommend national policies and legislation on all as-
and assists in meeting the
information needs of the
pects of federal judicial administration. Committees include budget, rules
judges and lawyers.
of practice and procedure, court administration and case management,
Staff Attorneys
criminal law, bankruptcy, judicial resources (judgeships and personnel mat-
and Pro Se Law Clerks
ters), automation and technology, and codes of conduct.
Assist the court with
research and drafting
of opinions.
The Administrative Office of the United States Courts
Pretrial Services Officers
The Administrative Office provides a broad range of legislative, legal, finan-
and Probation Officers
cial, automation, management, administrative, and program support ser-
Interview defendants
before trial, investigate
vices to the federal courts. The Administrative Office, an agency within the
their backgrounds, file
judicial branch, is responsible for carrying out the policies of the Judicial
reports to assist judges in
deciding on pretrial release
Conference of the United States. A primary responsibility of the Adminis-
and sentencing of convicted
trative Office is to provide staff support and counsel to the Judicial Confer-
defendants, and supervise
released defendants.
ence and its committees. The numerous responsibilities of the Administrative
Office also include: collecting and reporting judicial branch statistics, devel-
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
27
oping budgets, conducting studies and assessments of judiciary operations
and programs, providing technical assistance to the courts, developing train-
ing programs, and fostering communications within the judiciary and with
other branches of government and the public.
The Director of the Administrative Office, who is appointed by the Chief
Justice in consultation with the Judicial Conference, serves as the chief
administrative officer of the federal courts. Congress has vested many of
the judiciary’s administrative responsibilities in the Director. Recogniz-
ing, however, that the courts can make better business decisions based on
local needs, the Director in the last few years has delegated the responsibil-
ity for many administrative matters to the individual courts. This concept,
known as “decentralization,” allows each court to operate with consider-
able autonomy and sound management principles in accordance with poli-
cies and guidelines set at the regional and national level.
The Federal Judicial Center
The Federal Judicial Center provides training and research for the federal
judiciary in a wide range of areas including court administration, case man-
agement, budget and finance, human resources, and court technology. It
develops orientation and continuing education programs for judges and
other court personnel, including seminars, curriculum materials for use
by individual courts, monographs and manuals, and audio, video, and in-
teractive media programs. The Center conducts studies of judiciary op-
erations, and makes recommendations to the Judicial Conference for
improvement of the administration and management of the federal courts.
The Center’s operations are overseen by a board of directors consisting of
the Chief Justice, the Director of the Administrative Office, and seven judges
chosen by the Judicial Conference.
“Decentralization” allows
each court to operate with
Judicial Panel for Multidistrict Litigation
considerable autonomy
The Judicial Panel for Multidistrict Litigation has the authority to transfer
and sound management
cases that are pending in different districts but involve common questions
principles in accordance
of fact (for example, mass tort actions arising from airplane crashes, breast
with policies and guidelines
implants, or asbestos) to a single district for coordinated or consolidated
pretrial proceedings. The Panel consists of seven court of appeals and dis-
set at the regional and
trict court judges designated by the Chief Justice.
national level.
U N D E R S T A N D I N G T H E F E D E R A L C O U R T S q 1 9 9 9
28
United States Sentencing Commission
The U.S. Sentencing Commission establishes sentencing guidelines for the
federal criminal justice system. The Commission also monitors the perfor-
mance of probation officers with regard to sentencing recommendations,
and has established a research program that includes a clearinghouse and
information center on federal sentencing practices. The Sentencing Com-
mission consists of a chairman, three vice chairs, and three other voting com-
missioners who are appointed for six-year terms by the President.
The Judiciary’s Budget
In recognition of the constitutional separation of powers among the
three branches of the federal government, Congress has given the
judiciary authority to prepare and execute its own budget. The
Administrative Office, in consultation with the courts and with various
Judicial Conference committees, prepares a proposed budget for the
judiciary for each fiscal year. The proposal is reviewed and approved
by the Judicial Conference and is submitted to the Congress with
detailed justifications. By law, the President must include in his budget
to Congress the judiciary’s budget proposal without change. The appro-
priation committees of the Congress conduct hearings at which
judges and the Director of the Administrative Office frequently pre-
sent and justify the judiciary’s projected expenditures.
After Congress enacts a budget for the judiciary, the Judicial Confer-
ence approves a plan to spend the money, and the Administrative
Office distributes funds directly to each court, operating unit, and
program in the judiciary. Individual courts have considerable authority
and flexibility to conduct their work, establish budget priorities, make
sound business decisions, hire staff, and make purchases, consistent
with Judicial Conference policies.
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
29
Commonly Asked Questions
About the Federal Judicial Process
How do I file a civil case? Is there a charge?
A civil action is begun by the filing of a complaint. Parties beginning a civil
action in a district court are required to pay a filing fee set by statute. The
current fee is $150. A plaintiff who is unable to pay the fee may file a request
to proceed in forma pauperis. If the request is granted, the fees are waived.
How do I file a criminal case?
Individuals may not file criminal charges in federal courts. A criminal pro-
ceeding is initiated by the government, usually through the U.S. attorney’s
office in coordination with a law enforcement agency. Allegations of crimi-
nal behavior should be brought to the local police, the FBI, or other appro-
priate law enforcement agency.
How do I file for bankruptcy protection? Is there a charge?
A bankruptcy case is begun by the filing of a petition. The required forms
are available from the bankruptcy court clerk’s office or at many stationery
stores. There is a range of filing fees for bankruptcy cases, depending on the
chapter of the bankruptcy code under which the case is filed. Chapter 7, the
most common type filed by individuals, involves an almost complete liqui-
dation of the assets of the debtor, as well as a discharge of most debts. There
is a fee of $175 to file a case under Chapter 7.
U N D E R S T A N D I N G T H E F E D E R A L C O U R T S q 1 9 9 9
30
How can I find a lawyer?
Local bar associations usually offer lawyer referral services, often without
charge. The clerk’s office in each district court usually is able to help find a
referral service. But personnel in the clerk’s office and other federal court
employees are prohibited from providing legal advice to individual litigants.
Defendants in criminal proceedings have a right to a lawyer, and they are
entitled to have counsel appointed at government expense if they are finan-
cially unable to obtain adequate representation by private counsel. The Crimi-
nal Justice Act requires a court determination that a person is financially
eligible for court-appointed counsel. Defendants may be required to pay some
of these costs.
There is no general right to free legal assistance in civil proceedings. Some
litigants obtain free or low-cost representation through local bar association
referrals, or through legal services organizations. Litigants in civil cases may
also proceed pro se; that is, they may represent themselves without the assis-
tance of a lawyer.
How are judges assigned to a particular court?
Each federal judge is commissioned to a specific court. Judges have no au-
thority to hear cases in other courts unless they are formally designated to
do so. Because of heavy caseloads in certain districts, judges from other courts
are often asked to hear cases in these districts.
How are judges assigned to specific cases?
Judge assignment methods vary, but the basic considerations in making as-
signments are to assure an equitable distribution of caseload among judges
and to avoid “judge shopping.” The majority of courts use some variation of
a random drawing under which each judge in a court receives roughly an
equal caseload.
What is a U.S. Magistrate Judge?
Magistrate judges are appointed by the district court to serve for eight-year
terms. Their duties fall into four general categories: conducting most of the
initial proceedings in criminal cases (including search and arrest warrants,
detention hearings, probable cause hearings, and appointment of attorneys);
trial of certain criminal misdemeanor cases; trial of civil cases with the con-
sent of the parties; and conducting a wide variety of other proceedings re-
ferred to them by district judges (including deciding motions, reviewing
petitions filed by prisoners, and conducting pretrial and settlement confer-
ences).
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
31
How can I check on the status of a case?
The clerk’s office responds without charge to most inquiries on the status of
a case. There is a fee to conduct certain searches and retrieve some informa-
tion, and to make copies of court documents. Most federal courts have auto-
mated systems that allow for the search and retrieval of case-related
information at the public counters in the courthouse, and electronically from
other locations. In many bankruptcy and appellate courts, telephone infor-
mation systems enable callers to obtain case information by touch-tone
phone. Court dockets and opinions may also be available on the Internet.
The federal judiciary’s Internet homepage, www.uscourts.gov, includes links
to individual court websites, as well as a directory of court electronic public
access services. (This brochure also includes a directory of federal courts).
How quickly does a court reach a decision in a particular case?
All cases are handled as expeditiously as possible. The Speedy Trial Act of 1974
establishes special time requirements for the prosecution and disposition of
criminal cases in district courts. As a result, courts must give the scheduling of
criminal cases a higher priority than civil cases. The Act normally allows only
70 days from a defendant’s arrest to the beginning of the trial.
There is no similar law governing civil trial scheduling, but on average the
courts are able to resolve most civil cases in less than a year. Depending on
its complexity, a particular case may require more or less time to address.
There are numerous reasons why the progress of a particular case may be
delayed, many of which are outside the court’s control. Cases may be de-
layed because settlement negotiations are in progress, or because there are
shortages in judges or available courtrooms.
How are staff hired in the federal courts?
The federal court system’s personnel decisions are decentralized. This means
that each court conducts its own advertising and hiring for job positions.
Judges select and hire their own chambers staff. The clerk of court and cer-
tain other central court staff are hired by the court as a whole. Other court
staff are hired by the clerk of court, who acts under the supervision of the
court. Some employment opportunities are listed on the judiciary’s Internet
homepage, www.uscourts.gov, but often the clerk’s office or Internet website
of a particular court is the best source for a complete listing. The federal
judiciary is committed to the national policy of ensuring equal employment
opportunity to all persons.
U N D E R S T A N D I N G T H E F E D E R A L C O U R T S q 1 9 9 9
32
Common Legal Terms
acquittal
Judgment that a criminal defendant has not been proved guilty beyond a
a
reasonable doubt. In other words, a verdict of “not guilty.”
affidavit
A written statement of facts confirmed by the oath of the party making it,
before a notary or officer having authority to administer oaths.
affirmed
In the practice of the court of appeals, it means that the court of appeals has
concluded that the lower court decision is correct and will stand as rendered
by the lower court.
answer
The formal written statement by a defendant responding to a civil com-
plaint and setting forth the grounds for his defense.
appeal
A request made after a trial by a party that has lost on one or more issues
that a higher court (appellate court) review the trial court’s decision to de-
termine if it was correct. To make such a request is “to appeal” or “to take an
appeal.” One who appeals is called the “appellant;” the other party is the
“appellee.”
appellate
About appeals; an appellate court has the power to review the judgment of a
lower court (trial court) or tribunal. For example, the U.S. circuit courts of
appeals review the decisions of the U.S. district courts.
arraignment
A proceeding in which an individual who is accused of committing a crime
is brought into court, told of the charges, and asked to plead guilty or not
guilty.
bail
b
Security given for the release of a criminal defendant or witness from legal
custody (usually in the form of money) to secure his appearance on the day
and time set by the court.
bankruptcy
A legal process by which persons or businesses that cannot pay their debts can
seek the assistance of the court in getting a fresh start. Under the protection of
the bankruptcy court, debtors may discharge their debts, usually by paying a
portion of each debt. Bankruptcy judges preside over these proceedings.
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
33
bench trial
Trial without a jury in which a judge decides which party prevails.
brief
A written statement submitted by each party in a case that explains why the
court should decide the case, or particular issues in a case, in that party’s
favor.
chambers
A judge’s office, typically including work space for the judge’s law clerks and
c
secretary.
capital offense
A crime punishable by death.
case law
The law as reflected in the written decisions of the courts.
chief judge
The judge who has primary responsibility for the administration of a court;
chief judges are determined by seniority.
clerk of court
An officer appointed by the judges of the court to assist in managing the
flow of cases through the court, maintain court records, handle financial
matters, and provide other administrative support to the court.
common law
The legal system that originated in England and is now in use in the United
States that relies on the articulation of legal principles in a historical suc-
cession of judicial decisions. Common law principles can be changed by
legislation.
complaint
A written statement filed by the plaintiff that initiates a civil case, stating the
wrongs allegedly committed by the defendant and requesting relief from the
court.
contract
An agreement between two or more persons that creates an obligation to do
or not to do a particular thing.
conviction
A judgment of guilt against a criminal defendant.
U N D E R S T A N D I N G T H E F E D E R A L C O U R T S q 1 9 9 9
34
counsel
Legal advice; a term also used to refer to the lawyers in a case.
court
Government entity authorized to resolve legal disputes. Judges sometimes
use “court” to refer to themselves in the third person, as in “the court has
read the briefs.”
court reporter
A person who makes a word-for-word record of what is said in court, gener-
ally by using a stenographic machine, shorthand or audio recording, and
then produces a transcript of the proceedings upon request.
damages
d
Money paid by defendants to successful plaintiffs in civil cases to compen-
sate the plaintiffs for their injuries.
default judgment
A judgment rendered in favor of the plaintiff because of the defendant’s
failure to answer or appear to contest the plaintiff ’s claim.
defendant
In a civil case, the person or organization against whom the plaintiff brings
suit; in a criminal case, the person accused of the crime.
deposition
An oral statement made before an officer authorized by law to administer
oaths. Such statements are often taken to examine potential witnesses, to
obtain discovery, or to be used later in trial. See discovery.
discovery
The process by which lawyers learn about their opponent’s case in prepara-
tion for trial. Typical tools of discovery include depositions, interrogatories,
requests for admissions, and requests for documents. All of these devices
help the lawyer learn the relevant facts and collect and examine any relevant
documents or other materials.
docket
A log containing the complete history of each case in the form of brief chro-
nological entries summarizing the court proceedings.
en banc
e
“In the bench” or “as a full bench.” Refers to court sessions with the entire
membership of a court participating rather than the usual number. U.S. cir-
cuit courts of appeals usually sit in panels of three judges, but all the judges
in the court may decide certain matters together. They are then said to be
sitting “en banc” (occasionally spelled “in banc”).
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
35
equitable
Pertaining to civil suits in “equity” rather than in “law.” In English legal his-
tory, the courts of “law” could order the payment of damages and could afford
no other remedy. See damages. A separate court of “equity” could order some-
one to do something or to cease to do something. See, e.g., injunction. In
American jurisprudence, the federal courts have both legal and equitable
power, but the distinction is still an important one. For example, a trial by
jury is normally available in “law” cases but not in “equity” cases.
evidence
Information presented in testimony or in documents that is used to per-
suade the fact finder (judge or jury) to decide the case in favor of one side or
the other.
federal public defender
f
An attorney employed by the federal courts on a full-time basis to provide
legal defense to defendants who are unable to afford counsel. The judi-
ciary administers the federal defender program pursuant to the Criminal
Justice Act.
federal question jurisdiction
Jurisdiction given to federal courts in cases involving the interpretation and
application of the U.S. Constitution, acts of Congress, and treaties.
felony
A serious crime carrying a penalty of more than a year in prison. See also
misdemeanor.
file
To place a paper in the official custody of the clerk of court to enter into the
files or records of a case.
grand jury
g
A body of 16-23 citizens who listen to evidence of criminal allegations, which
is presented by the prosecutors, and determine whether there is probable
cause to believe an individual committed an offense. See also indictment and
U.S. attorney.
habeas corpus
h
A writ (court order) that is usually used to bring a prisoner before the court
to determine the legality of his imprisonment. Someone imprisoned in state
court proceedings can file a petition in federal court for a “writ of habeas
corpus,” seeking to have the federal court review whether the state has vio-
lated his or her rights under the U.S. Constitution. Federal prisoners can file
habeas petitions as well. A writ of habeas corpus may also be used to bring a
person in custody before the court to give testimony or to be prosecuted.
U N D E R S T A N D I N G T H E F E D E R A L C O U R T S q 1 9 9 9
36
hearsay
Statements by a witness who did not see or hear the incident in question but
heard about it from someone else. Hearsay is usually not admissible as evi-
dence in court.
impeachment
i
1. The process of calling a witness’s testimony into doubt. For example, if
the attorney can show that the witness may have fabricated portions of his
testimony, the witness is said to be “impeached;” 2. The constitutional pro-
cess whereby the House of Representatives may “impeach” (accuse of mis-
conduct) high officers of the federal government, who are then tried by the
Senate.
indictment
The formal charge issued by a grand jury stating that there is enough evi-
dence that the defendant committed the crime to justify having a trial; it is
used primarily for felonies. See also information.
in forma pauperis
“In the manner of a pauper.” Permission given by the court to a person to
file a case without payment of the required court fees because the person
cannot pay them.
information
A formal accusation by a government attorney that the defendant commit-
ted a misdemeanor. See also indictment.
injunction
A court order prohibiting a defendant from performing a specific act, or
compelling a defendant to perform a specific act.
interrogatories
Written questions sent by one party in a lawsuit to an opposing party as part
of pretrial discovery in civil cases. The party receiving the interrogatories is
required to answer them in writing under oath.
issue
1. The disputed point between parties in a lawsuit; 2. To send out officially,
as in a court issuing an order.
judge
j
An official of the judicial branch with authority to decide lawsuits brought
before courts. Used generically, the term judge may also refer to all judicial
officers, including Supreme Court justices.
judgment
The official decision of a court finally resolving the dispute between the par-
ties to the lawsuit.
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37
jurisdiction
1. The legal authority of a court to hear and decide a case; 2. The geographic
area over which the court has authority to decide cases.
jury
The group of persons selected to hear the evidence in a trial and render a
verdict on matters of fact. See also grand jury.
jury instructions
A judge’s directions to the jury before it begins deliberations regarding the
factual questions it must answer and the legal rules that it must apply.
jurisprudence
The study of law and the structure of the legal system.
lawsuit
l
A legal action started by a plaintiff against a defendant based on a complaint
that the defendant failed to perform a legal duty which resulted in harm to
the plaintiff.
litigation
A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in
lawsuits are called litigants.
magistrate judge
m
A judicial officer of a district court who conducts initial proceedings in crimi-
nal cases, decides criminal misdemeanor cases, conducts many pretrial civil
and criminal matters on behalf of district judges, and decides civil cases with
the consent of the parties.
misdemeanor
An offense punishable by one year of imprisonment or less. See also felony.
mistrial
An invalid trial, caused by fundamental error. When a mistrial is declared,
the trial must start again with the selection of a new jury.
motion
A request by a litigant to a judge for a decision on an issue relating to the
case.
nolo contendere
n
No contest. A plea of nolo contendere has the same effect as a plea of guilty,
as far as the criminal sentence is concerned, but may not be considered as an
admission of guilt for any other purpose.
U N D E R S T A N D I N G T H E F E D E R A L C O U R T S q 1 9 9 9
38
opinion
A judge’s written explanation of the decision of the court. Because a case
o
may be heard by three or more judges in the court of appeals, the opinion
in appellate decisions can take several forms. If all the judges completely
agree on the result, one judge will write the opinion for all. If all the judges
do not agree, the formal decision will be based upon the view of the ma-
jority, and one member of the majority will write the opinion. The judges
who did not agree with the majority may write separately in dissenting or
concurring opinions to present their views. A dissenting opinion disagrees
with the majority opinion because of the reasoning and/or the principles
of law the majority used to decide the case. A concurring opinion agrees
with the decision of the majority opinion, but offers further comment or clarifica-
tion or even an entirely different reason for reaching the same result. Only the ma-
jority opinion can serve as binding precedent in future cases. See also precedent.
oral argument
An opportunity for lawyers to summarize their position before the court and also to
answer the judges’ questions.
panel
1. In appellate cases, a group of judges (usually three) assigned to decide the case; 2. In
p
the jury selection process, the group of potential jurors; 3. The list of attorneys who are
both available and qualified to serve as court-appointed counsel for criminal defen-
dants who cannot afford their own counsel.
party
One of the litigants. At the trial level, the parties are typically referred to as the plaintiff
and defendant. On appeal, they are known as the appellant and appellee, or, in some
cases involving administrative agencies, as the petitioner and respondent.
petit jury (or trial jury)
A group of citizens who hear the evidence presented by both sides at trial and deter-
mine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil
juries consist of at least six persons. See also jury and grand jury.
petty offense
A federal misdemeanor punishable by six months or less in prison.
plaintiff
The person who files the complaint in a civil lawsuit.
plea
In a criminal case, the defendant’s statement pleading “guilty” or “not guilty” in an-
swer to the charges. See also nolo contendere.
pleadings
Written statements filed with the court which describe a party’s legal or factual asser-
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39
tions about the case.
precedent
A court decision in an earlier case with facts and legal issues similar to a
dispute currently before a court. Judges will generally “follow precedent”—
meaning that they use the principles established in earlier cases to decide
new cases that have similar facts and raise similar legal issues. A judge will
disregard precedent if a party can show that the earlier case was wrongly
decided, or that it differed in some significant way from the current case.
procedure
The rules for conducting a lawsuit; there are rules of civil procedure, crimi-
nal procedure, evidence, bankruptcy, and appellate procedure.
presentence report
A report prepared by a court’s probation officer, after a person has been
convicted of an offense, summarizing for the court the background infor-
mation needed to determine the appropriate sentence.
pretrial conference
A meeting of the judge and lawyers to plan the trial, to discuss which mat-
ters should be presented to the jury, to review proposed evidence and wit-
nesses, and to set a trial schedule. Typically, the judge and the parties also
discuss the possibility of settlement of the case.
pretrial services
A department of the district court that conducts an investigation of a crimi-
nal defendant’s background in order to help a judge decide whether to
release the defendant into the community before trial.
probation
1. A sentencing alternative to imprisonment in which the court releases con-
victed defendants under supervision of a probation officer, who makes cer-
tain that the defendant follows certain rules (e.g., gets a job, gets drug counseling,
etc.); 2. A department of the court that prepares a presentence report.
probation officer
Officers of the probation office of a court. Probation officer duties include conducting
presentence investigations, preparing presentence reports on convicted defendants,
and supervising released defendants.
pro per
A slang expression sometimes used to refer to a pro se litigant. It is a corruption of the
Latin phrase “in propria persona.”
pro se
A Latin term meaning “on one’s own behalf”; in courts, it refers to persons who present
their own cases without lawyers.
U N D E R S T A N D I N G T H E F E D E R A L C O U R T S q 1 9 9 9
40
prosecute
To charge someone with a crime. A prosecutor tries a criminal case on
behalf of the government.
record
A written account of the proceedings in a case, including all pleadings, evi-
dence, and exhibits submitted in the course of the case.
remand
r
The act of an appellate court sending a case to a lower court for further
proceedings.
reverse
The act of an appellate court setting aside the decision of a trial court. A
reversal is often accompanied by a remand to the lower court for further
proceedings.
sentence
The punishment ordered by a court for a defendant convicted of a crime.
sentencing guidelines
A set of rules and principles established by the United States Sentencing
s
Commission that trial judges use to determine the sentence for a convicted
defendant.
service of process
The delivery of writs or summonses to the appropriate party.
settlement
Parties to a lawsuit resolve their dispute without having a trial. Settlements
often involve the payment of compensation by one party in at least partial
satisfaction of the other party’s claims, but usually do not include the ad-
mission of fault.
sequester
To separate. Sometimes juries are sequestered from outside influences dur-
ing their deliberations.
statute
A law passed by a legislature.
statute of limitations
A law that sets the deadline by which parties must file suit to enforce their
rights. For example, if a state has a five year statute of limitations for breaches
of contract, and John breached a contract with Susan on January 1, 1995,
Susan must file her lawsuit by January 1, 2000. If the deadline passes, the
“statute of limitations has run” and the party may be prohibited from bring-
ing a lawsuit; i.e. the claim is “time-barred.” Sometimes a party’s attempt to
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
41
assert his or her rights will “toll” the statute of limitations, giving the party
additional time to file suit.
subpoena
A command, issued under authority of a court or other authorized govern-
ment entity, to a witness to appear and give testimony.
subpoena duces tecum
A command to a witness to appear and produce documents.
summary judgment
A decision made on the basis of statements and evidence presented for the
record without a trial. It is used when it is not necessary to resolve any fac-
tual disputes in the case. Summary judgment is granted when—on the un-
disputed facts in the record—one party is entitled to judgment as a matter
of law.
temporary restraining order
Prohibits a person from taking an action that is likely to cause irreparable
harm. This differs from an injunction in that it may be granted immediately,
without notice to the opposing party, and without a hearing. It is intended
to last only until a hearing can be held. Sometimes referred to as a “T.R.O.”
t
testimony
Evidence presented orally by witnesses during trials or before grand juries.
toll
See statute of limitations.
tort
A civil wrong or breach of a duty to another person. The “victim” of a tort
may be entitled to sue for the harm suffered. Victims of crimes may also sue
in tort for the wrongs done to them. Most tort cases are handled in state
court, except when the tort occurs on federal property (e.g., a military base),
when the government is the defendant, or when there is diversity of citizen-
ship between the parties.
transcript
A written, word-for-word record of what was said, either in a proceeding
such as a trial, or during some other formal conversation, such as a hearing
or oral deposition.
trustee
In a bankruptcy case, a person appointed to represent the interests of the
bankruptcy estate and the unsecured creditors. The trustee’s responsibilities
U N D E R S T A N D I N G T H E F E D E R A L C O U R T S q 1 9 9 9
42
may include liquidating the property of the estate, making distributions to
creditors, and bringing actions against creditors or the debtor to recover
property of the bankruptcy estate.
uphold
The appellate court agrees with the lower court decision and allows it to
stand. See affirmed.
u
U.S. Attorney
A lawyer appointed by the President in each judicial district to prosecute
and defend cases for the federal government. The U.S. Attorney employs a
staff of Assistant U.S. Attorneys who appear as the government’s attorneys
in individual cases.
venue
The geographical location in which a case is tried.
v
verdict
The decision of a trial jury or a judge that determines the guilt or innocence
of a criminal defendant, or that determines the final outcome of a civil case.
voir dire
The process by which judges and lawyers select a trial jury from among those
eligible to serve, by questioning them to make certain that they would fairly
decide the case. “Voir dire” is a phrase meaning “to speak the truth.”
warrant
A written order authorizing official action by law enforcement officials, usu-
ally directing them to arrest the individual named in the warrant. A search
w
warrant orders that a specific location be searched for items, which if found,
can be used in court as evidence.
witness
A person called upon by either side in a lawsuit to give testimony before the
court or jury.
writ
A formal written command or order, issued by the court, requiring the per-
formance of a specific act.
writ of certiorari
An order issued by the U.S. Supreme Court directing the lower court to trans-
mit records for a case which it will hear on appeal.
S O U R C E S O F
A D D I T I O N A L
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
43
United States District Courts
Resources
Number of
Authorized
STATE
District
Judgeships
Location
Alabama
Northern district
7
Birmingham, AL 35203
Middle district
3
Montgomery, AL 36101
Southern district
3
Mobile, AL 36602
Alaska
3
Anchorage, AK 99513
Arizona
9
Phoenix, AZ 85025
Arkansas
Eastern district
5
Little Rock, AR 72203
Western district
3
Fort Smith, AR 72902
California
Northern district
14
San Francisco, CA 94102
Eastern district
6
Sacramento, CA 95814
Central district
27
Los Angeles, CA 90012
Southern district
8
San Diego, CA 92189
Colorado
7
Denver, CO 80294
Connecticut
8
New Haven, CT 06510
Delaware
4
Wilmington, DE 19801
District of
Columbia
15
Washington, DC 20001
Florida
Northern district
4
Tallahassee, FL 32301
Middle district
11
Jacksonville, FL 32201
Southern district
17
Miami, FL 33128
Georgia
Northern district
11
Atlanta, GA 30335
Middle district
4
Macon, GA 31202
Southern district
3
Savannah, GA 31412
Guam
1
Agana, GU 96910
Hawaii
3
Honolulu, HI 96850
Idaho
2
Boise, ID 83724
Illinois
Northern district
22
Chicago, IL 60604
Southern district
3
East St. Louis, IL 62202
Central district
3
Springfield, IL 62705
Indiana
Northern district
5
South Bend, IN 46601
Southern district
5
Indianapolis, IN 46204
Iowa
Northern district
2
Cedar Rapids, IA 52401
Southern district
3
Des Moines, IA 50309
Kansas
5
Wichita, KS 67202
Kentucky
Eastern district
5
Lexington, KY 40596
Western district
4
Louisville, KY 40202
Eastern and Western
1
Louisiana
Eastern district
13
New Orleans, LA 70130
Middle district
2
Baton Rouge, LA 70821
Western district
7
Shreveport, LA 71101
Maine
3
Portland, ME 04101
Maryland
10
Baltimore, MD 21201
Massachusetts
13
Boston, MA 02109
Michigan
Eastern district
15
Detroit, MI 48226
Western district
4
Grand Rapids, MI 49503
Minnesota
7
St. Paul, MN 55101
Mississippi
Northern district
3
Oxford, MS 38655
Southern district
6
Jackson, MS 39201
Missouri
Eastern district
6
St. Louis, MO 63101
Western district
5
Kansas City, MO 64106
Eastern and Western
2
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44
United States District Courts (cont’d)
Resources
Number of
Authorized
S TAT E
District
Judgeships
Location
Montana
3
Billings, MT 59101
Nebraska
3
Omaha, NE 68101
Nevada
5
Las Vegas, NV 89101
New Hampshire
3
Concord, NH 03301
New Jersey
17
Newark, NJ 07102
New Mexico
6
Albuquerque, NM 87103
New York
Northern district
4
Syracuse, NY 13261
Eastern district
15
Brooklyn, NY 11201
Southern district
28
New York, NY 10007
Western district
4
Buffalo, NY 14202
North Carolina
Eastern district
4
Raleigh, NC 27611
Middle district
4
Greensboro, NC 27402
Western district
3
Asheville, NC 28801
North Dakota
2
Bismarck, ND 58502
N. Mariana Islands
1
Saipan, N. Mar. I. 96950
Ohio
Northern district
11
Cleveland, OH 44114
Southern district
8
Columbus, OH 43215
Oklahoma
Northern district
3
Tulsa, OK 74103
Eastern district
1
Muskogee, OK 74401
Western district
6
Oklahoma City, OK 73102
Northern, Eastern,
and Western
1
Oregon
6
Portland, OR 97205
Pennsylvania
Eastern district
22
Philadelphia, PA 19106
Middle district
6
Scranton, PA 18501
Western district
10
Pittsburgh, PA 15230
Puerto Rico
7
Hato Rey, PR 00918
Rhode Island
3
Providence, RI 02903
South Carolina
10
Columbia, SC 29201
South Dakota
3
Sioux Falls, SD 57102
Tennessee
Eastern district
5
Knoxville, TN 37901
Middle district
4
Nashville, TN 37203
Western district
5
Memphis, TN 38103
Texas
Northern district
12
Dallas, TX 75242
Southern district
19
Houston, TX 77208
Eastern district
7
Tyler, TX 75702
Western district
11
San Antonio, TX 8206
Utah
5
Salt Lake City, UT 84101
Vermont
2
Burlington, VT 05402
Virgin Islands
2
St. Thomas, V.I. 00801
Virginia
Eastern district
10
Alexandria, VA 22320
Western district
4
Roanoke, VA 24006
Washington
Eastern district
4
Spokane, WA 99210
Western district
7
Seattle, WA 98104
West Virginia
Northern district
3
Elkins, WV 26241
Southern district
5
Charleston, WV 25329
Wisconsin
Eastern district
5
Milwaukee, WI 53202
Western district
2
Madison, WI 53701
Wyoming
3
Cheyenne, WY 82001
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
45
United States Courts of Appeals
Number of
Districts Included
Authorized
Court of Appeals
in Circuit
Judgeships
Location/Postal Address
Federal Circuit
United States
12
Washington, DC 20439
District
of Columbia
Circuit
District of Columbia
12
Washington, DC 20001
First Circuit
Maine
Massachusetts
New Hampshire
Rhode Island
Puerto Rico
6
Boston, MA 02109
Second Circuit
Connecticut
New York
Vermont
13
New York, NY 10007
Third Circuit
Delaware
New Jersey
Pennsylvania
Virgin Islands
14
Philadelphia, PA 19106
Fourth Circuit
Maryland
North Carolina
South Carolina
Virginia
West Virginia
15
Richmond, VA 23219
Fifth Circuit
Louisiana
Mississippi
Texas
17
New Orleans, LA 70130
Sixth Circuit
Ohio
Kentucky
Michigan
Tennessee
16
Cincinnati, OH 45202
Seventh Circuit
Illinois
Indiana
Wisconsin
11
Chicago, IL 60604
Eighth Circuit
Arkansas
Iowa
Minnesota
Missouri
Nebraska
North Dakota
South Dakota
11
St. Louis, MO 63101
Ninth Circuit
Alaska
Arizona
California
Hawaii
Idaho
Montana
Nevada
Oregon
Washington
Guam
N. Mariana Islands
28
San Francisco, CA 94101
Tenth Circuit
Colorado
Kansas
New Mexico
Oklahoma
Utah
Wyoming
12
Denver, CO 80294
Eleventh Circuit
Alabama
Florida
Georgia
12
Atlanta, GA 30303
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46
S O U R C E S O F
About the Administrative Office
A D D I T I O N A L
of the United States Courts
I N F O R M AT I O N
Created by an Act of Congress in 1939, the Administrative Office of the U.S.
Publications
Courts supports the work of the judicial branch. Its director, who serves as
The Federal Courts
the chief administrative officer for the federal courts, is appointed by the
and What They Do
(Federal Judicial Center, 1997)
Chief Justice of the United States in consultation with the Judicial Confer-
Long Range Plan
ence of the United States.
for the Federal Courts
(December 1995)
The Administrative Office provides staff support and counsel to the judiciary’s
policy-making body, the Judicial Conference of the United States, and its
Judiciary
website addresses
committees. It monitors and assesses judiciary operations and emerging is-
sues, makes recommendations for new policies and programs, and imple-
Administrative Office
of the United States Courts
ments and promotes the Judicial Conference’s policies.
www.uscourts.gov
The Administrative Office develops programs, systems and methods to sup-
Federal Judicial Center
port and improve judicial administration. It provides a broad array of ad-
www.fjc.gov
ministrative, legal, technical, communications, and other services that support
the operation of the federal appellate, district, and bankruptcy courts, and
the defender services and probation and pretrial services programs. Among
its many functions, the Administrative Office develops and administers the
judiciary’s budget; audits court financial records; manages the judiciary’s
payroll and human resources programs; collects and analyzes statistics to
report on the business of the courts; manages the judiciary’s automation
and information technology programs; conducts studies and reviews of pro-
grams and operations; develops new business methods for the courts; pro-
vides training and technical assistance; issues manuals, directives, rules, and
other publications; fosters and coordinates communications with the legis-
lative and executive branches; and provides public information.
The Administrative Office’s director has delegated to the individual courts
many of his statutory administrative authorities. As a result, each court
can plan, organize and manage its business activities and expenditures,
consistent with policies and spending limits, to meet its particular needs.
This decentralization of administrative authority benefits both the courts
and the taxpayers because it reduces bureaucracy and encourages innova-
tion and economy.
T H E A D M I N I S T R A T I V E O F F I C E O F T H E U . S . C O U R T S
Document Outline
- Table of Contents
- The Constitution and the Federal Judiciary
- The Federal Courts in American Government
- The Federal Courts and Congress
- The Federal Courts and the Executive Branch
- The Federal Courts and the Public
- Structure of the Federal Courts
- Trial Courts
- Appellate Courts
- United States Supreme Court
- The Jurisdiction of the Federal Courts
- United States Judges
- Appointment and Compensation
- Judicial Ethics
- Senior and Recalled Judges
- The Federal Judicial Process in Brief
- An Adversarial System
- Fees and the Costs of Litigation
- Procedural Rules for Conducting Litigation
- Civil Cases
- Criminal Cases
- Jury Service
- Bankruptcy Cases
- The Appeals Process
- Federal Judicial Administration
- Individual Courts
- The Circuit Judicial Councils
- The Judicial Conference of the United States and National Administration
- Commonly Asked Questions About the Federal Judicial Process
- Common Legal Terms
- Directories
- United States District Courts
- United States Courts of Appeals
