U.S. Federal District Courts – original jurisdiction over virtually all cases, where the factual record is established, the only federal courts wherein attorneys examine and cross-examine witnesses; aka “Trial Courts”

     The U.S. district courts represent the basic point of input for the federal judicial system.  Although some cases are later taken to a court of appeals or perhaps even to the Supreme Court, most federal cases never move beyond the U.S. trial courts.  In terms of sheer numbers of cases handled, the district courts are the workhorses of the federal judiciary.  However, their importance extends beyond simply disposing of a large number of cases.

The District Courts as Trial Courts:

     Congress established the district courts as the trial courts of the federal judicial system and gave them original jurisdiction over virtually all cases.  They are the only federal courts in which attorneys examine and cross-examine witnesses.  The factual record is thus established at this level.  Subsequent appeals of the trial court decision focus on correcting errors rather than on reconstructing the facts.

     The task of determining the facts in a case often falls to a jury, a group of citizens from the community who serve as impartial arbiters of the facts and apply the law to the facts.  The Constitution guarantees the right to a jury trial in criminal cases in the Sixth Amendment and the same right in civil cases in the Seventh Amendment.  The right can be waived, however, in which case the judge becomes the arbiter both of questions of fact and of matters of law.  Such trials are referred to as bench trials.

     Two types of juries are associated with federal district courts.  The grand jury is a group of men and women convened to determine whether there is probable cause to believe that a person has committed the federal crime of which he or she has been accused.  Grand jurors meet periodically to hear charges brought by the U.S. attorney. Petit jurors are chosen at random from the community to hear evidence and determine whether a defendant in a civil trial has liability or whether a defendant in a criminal trial is guilty or not guilty.  Federal rules call for 12 jurors in criminal cases but permit fewer in civil cases. The federal district courts generally use six-person juries in civil cases.

     Trial courts are viewed as engaging primarily in norm enforcement, whereas appellate courts are seen as having greater opportunity to make policy.  Norm enforcement is closely tied to the administration of justice, because all nations develop standards considered essential to a just and orderly society.  Societal norms are embodied in statutes, administrative regulations, prior court decisions, and community traditions.  Criminal statutes, for example, incorporate concepts of acceptable and unacceptable behavior into law.  A judge deciding a case concerning an alleged violation of that law is practicing norm enforcement.  Because cases of this type rarely allow the judge to escape the strict restraints of legal and procedural requirements, he or she has little chance to make new law or develop new policy. In civil cases, too, judges are often confined to norm enforcement, because such litigation generally arises from a private dispute whose outcome is of interest only to the parties in the suit.

     The district courts also play a policy-making role, however. As Americans have become more litigation-conscious, disputes that were once resolved informally are now more likely to be decided in a court of law.  The courts find themselves increasingly involved in domains once considered private.  What does this mean for the federal district courts?  According to one study, “These new areas of judicial involvement tend to be relatively free of clear, precise appellate court and legislative guidelines; and as a consequence the opportunity for trial court jurists to write on a clean slate, that is, to make policy, is formidable.

************************************

U.S. Federal District Court Locator

************************************

The First District Courts:

     Congress made the decision to create a national network of federal trial courts when it passed the Judiciary Act of 1789. Section 2 of the act established 13 district courts by making each of the 11 states then in the Union a district, and by making the parts of Massachusetts and Virginia that were to become Maine and Kentucky into separate districts.  That organizational scheme established the practice, which still exists, of honoring state boundary lines in drawing districts.

The First District Judges:

     Each federal district court was to be presided over by a single judge who resided in the district.  As soon as this became known, President Washington began receiving letters from individuals desiring appointment to the various judgeships.  Many asked members of Congress or Vice President John Adams to recommend them to President Washington.  Personal applications were not necessarily successful and were not the only way in which names came to the president’s attention.  Harry Innes, for example, was not an applicant for the Kentucky judgeship but received it after being recommended by a member of Congress from his state.

     As new states came into the Union, additional district courts were created.  The additions, along with resignations, gave Washington an opportunity to offer judgeships to 33 people.  All of the judges he appointed were members of the bar, and all but seven had state or local legal experience as judges, prosecutors, or attorneys general.  Presidents have continued to appoint lawyers with public service backgrounds to the federal bench.

Present Organization of the District Courts:

     As the country grew, new district courts were created. Eventually, Congress began to divide some states into more than one district.  California, New York, and Texas have the most, with four each.  Other than consistently honoring state lines, the organization of district constituencies appears to follow no rational plan.  Size and population vary widely from district to district.  Over the years, a court was added for the District of Columbia, and several territories have been served by district courts.  There are now U.S. district courts serving the 50 states, the District of Columbia, Guam, Puerto Rico, the Virgin Islands, and the Northern Mariana Islands.

     The original district courts were each assigned one judge.  With the growth in population and litigation, Congress has periodically had to add judges to most of the districts.  The Federal Judgeship Act of 1990 created 74 new district judgeships, bringing the current total to 649.  Today all districts have more than one judge; the Southern District of New York, which includes Manhattan and the Bronx, currently has 28 judges and is thus the largest.  Because each federal district court is normally presided over by a single judge, several trials may be in session within the district at any given time.

 

Also see History of the Federal District Courts

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]:  IIP Digital website: “History and Organization of the Federal Judicial System” (retrieved 2015): http://iipdigital.usembassy.gov/st/english/publication/2008/05/20080522212957eaifas0.9853327.html#axzz47w7Cx0Fp

******************************************

Back to All Federal Courts
histories, purposes, and functions

Federal Rules of Civil Procedure Simplified

All Federal Rules of Procedure Simplified

Intro to Law

Like this website?

Please Support Our Fundraiser

or donate via PayPal:

  • please set some widgets to show from Appearance -> Widgets.

 

Disclaimer: Wild Willpower does not condone the actions of Maximilian Robespierre, however the above quote is excellent!

This website is being broadcast for First Amendment purposes courtesy of

Question(s)?  Suggestion(s)?
[email protected].
We look forward to hearing from you!

Leave a Reply

Your email address will not be published. Required fields are marked *

Disclaimer and Terms of Service

Last updated: November 29, 2017

     Read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://reunitethestates.org website (the “Service”) operated by Wild Willpower (“us”, “we”, or “our”).

     Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

     By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Service

      This webpage constitutes a grassroots attempt to make the justice system more accessible for the average civilian. Information throughout this page does not constitute legal advice, nor should it be construed a replacement thereof. The information contained on this website is for informational purposes only.  Some information may be incorrect or out of date.  The author assumes no responsibility or liability for any errors or omissions in the content of this site. The information contained in this site is provided on an “as is” basis with no guarantees of completeness, accuracy, usefulness or timeliness. We make no representation or warranty with respect to the information on this site. This webpage is being broadcast for First Amendment purposes, and represents a good-faith attempt to assist fellow civilians in finding justice for when they cannot find help from an attorney or from government agencies.  Our use of all content is being used explicitly for noncommercial purposes, and is protected in accord with Fair Use laws. To help us improve the website, or to point out somewhere it may need fixed or amended, email [email protected].  By continuing to read this website, you are thereby using our Service, within the scope and understanding as defined here.

Changes

     We reserve the right, at our sole discretion, to modify or replace these Terms at any time.  What constitutes a material change will be determined at our sole discretion.

     By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, yet continue to use our Service, you agree that Wild Willpower PAC nor its officers may be held liable for any actions taken or misunderstandings on your part; do not use this website as your sole source of law-related information.

Accounts

     When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

     You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

     You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Intellectual Property

     The  Service and its original content, features and functionality (the layout and manner in which information is arranged) are and will remain the exclusive property of Wild Willpower and its licensors, and may be sold or transferred at any time.

Limitation of Liability

     Wild Willpower PAC is committed to providing high-quality products and services to our users. However, we understand that unforeseen circumstances may arise, and we want to ensure that our users are aware of the limitations of our liability.

    In no event shall Wild Willpower PAC or its affiliates, directors, officers, employees, agents, or suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of our products or services, including but not limited to damages for loss of profits, use, data, or other intangible losses.

     Our liability is limited to the extent permitted by law, and in no event shall it exceed the amount paid by the user for the product or service in question. This limitation of liability applies regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

    By using our products or services, you acknowledge and agree to this limitation of liability. If you do not agree with this limitation, your only remedy is to discontinue the use of our products and services.

Limitation of Damages

    Wild Willpower PAC values its users and strives to provide the best possible products and services. However, in the event of unforeseen circumstances, we want to make sure our users are aware of the limitations of our liability.

    In no event shall Wild Willpower PAC or its affiliates, directors, officers, employees, agents, or suppliers be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising out of or in any way connected with the use of our products or services, even if we have been advised of the possibility of such damages.

     Our liability is limited to the extent permitted by law and shall not exceed the total amount paid by the users for the product or service in question. This limitation of damages applies whether the claim is based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory.

    In no event shall Wild Willpower PAC be liable for any damages arising from the use of third-party products or services, including but not limited to those provided by our partners or affiliates.

    By using our products or services, you acknowledge and agree to this limitation of damages. If you do not agree with this limitation, your only remedy is to discontinue the use of our products and services.

    This limitation of damages statement is intended to be enforceable to the fullest extent permitted by applicable law, and if any portion of this limitation is deemed invalid or unenforceable, the remainder of the limitation shall remain in full force and effect.

Forum

     This agreement shall be governed by and construed in accordance with the laws of the State of Iowa and the United States of America. Any legal action or proceeding arising out of or related to this agreement shall be brought exclusively in federal or state courts located in Iowa, and each party irrevocably consents to the jurisdiction of such courts for the purpose of any such action or proceeding.

Links To Other Web Sites

     Our Service may contain links to third-party web sites or services that are not owned or controlled by Wild Willpower.

     Wild Willpower has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Wild Willpower shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

     We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

     We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

     Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

     All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

     Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

     These Terms shall be governed and construed in accordance with the laws of United States and the State of Iowa.

     Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Severability

   If any portion of this Disclaimer and/or Terms of Use are deemed unenforceable, that shall not affect any other part of this Agreement. The unenforceable or illegal portion will be deemed deleted, and the Terms remaining shall remain valid and enforceable.

Contact Us

    If you have any questions about these Terms, please contact us: [email protected].