Court Structure Flashcards
Administrative hearings
Administrative agencies settle disputes through administrative hearings.
Tax disputes, social security matters, and immigration issues are often resolved in administrative hearings
Trial court
One of two courts. Trial includes a single judge where the legal action is initiated and facts and evidence are presented.
Jury trial can be requested where permitted by law
Appeal
A request that a higher court review what a lower court decided. Usually, the loser in the trial court appeals to a court of appeals (appellant/petitioner). The loser in the court of appeals may then appeal to the Supreme Court. A party has one automatic right of appeal to the next highest court.
-party against whom the appeal is brought is the appellee/respondent
Federal court structure
3 basic federal courts:
- US District Court (trial level)
- US Courts of appeal (appellate level court)
- US Supreme Court (appellate level court)
United States Districts Court
Trial courts where federal actions commence. Every state has at least one federal district and many states broken into multiple districts
United States Courts of Appeal
The federal appellate court is broken into federal circuits and is often referred to as the Circuit Court of Appeals (Circuit is a collection of districts thus responsible for appeals from a collection of district courts)
US Supreme Court
Highest court nationally. Comprised of 9 justices nominated by the President and confirmed by the US Sentate
Appellate courts
One of two courts. Reviews the record to determine whether the trial court erred and includes several judges. As juries are triers of fact and the facts were determined at trial, appellate courts only deal with questions of law.