- The federal district courts, appeals courts and the U.S. Supreme Court were created separately. The U.S. Constitution vests judicial power in the U.S. Supreme Court to hear cases based upon Article III. The federal court system of district and appeals courts were created by Congress with the passage of the 1789 Judiciary Act. All federal judges, including the U.S. Supreme Court justices, are appointed by the president and confirmed by the U.S. Senate. They serve life terms and can be removed by impeachment only.
- Federal district judges are appointed to be the trial judge in cases where the finding of fact and law is first established by the federal cases presented to the court. In federal district court, the plaintiff's and defendant's attorneys have an opportunity to present their disputes concerning application of federal law. A case either can be heard by the federal judge or it can be presented before a jury. If there is a disagreement as to the final verdict, only mistakes of law can be appealed and not the facts of the case. according to the Annenberg Learner website.
- U.S. court of appeals judges are appointed to sit in one of 13 appellate courts. These courts are divided into 12 areas around the nation. Federal appeals court judges do not try cases and only hear cases that have been appealed from federal district courts or state courts. Appellate judges typically sit as a panel of three and decide cases that present questions of constitutional law or procedural issues. Federal appellate judges will either uphold the district court's decision or overturn it, according to the U.S. Courts website.
- As the final appeals court for the federal and state system of cases, the Supreme Court has unique constitutional authority to sit as both an appeals court and as a trial court. The justices will hear trial cases in a few select instances, such as cases affecting ambassadors, consuls or public ministers, as well as interstate disputes. If states have disagreements with the federal government or other states concerning constitutional disputes, states can present their case before the Supreme Court. California and Arizona did this in 1952 over Colorado River water rights, for example. The Supreme Court justices will consider cases that are of national significance only.
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