United States District Court
United States District Court (District Court) in the United States , the term for the federal courts of general jurisdiction in the first instance. The Court hears both civil and criminal matters and can under US federal law in accordance with the common law and equity ( equity ) decisions. Each federal district court also has an associated bankruptcy court. Each federal judicial district has at least one, if not multiple, courthouses. For example, the full name of a federal district court is United States District Court for the Southern District of New York .
All states , the district of the federal capital Washington , which is directly subordinate to the federal government, and Puerto Rico each have at least one federal court in the first instance. The suburbs of the United States, with the exception of Puerto Rico, have no federal courts and, accordingly, no federal district courts. In these areas, however, there are local courts that operate similarly to a district court.
Other courts of first instance
In addition to the federal district courts, there are a number of other courts that have nationwide jurisdiction for certain specialist areas. However, district courts usually have competing jurisdictions. District courts have exclusive jurisdiction over all federal offenses and are the only federal courts that can litigate with a jury instead of just a judge . The International Commercial Court handles cases related to international trade and customs . The Federal Tribunal has exclusive jurisdiction in most cases where the plaintiff is seeking compensation from the federal government. Specifically, this includes cases dealing with government contracts, unlawful confiscation of personal property by the federal government, or compensation for injuries on federal land or by federal employees or officials. The United States Tax Court deals with unlawful tax collection cases.
District Judge
The federal district court judges are designated United States District Judge . Other federal judges, including appellate judges and the judges of the Supreme Court, may serve as temporary district judges upon the direction of the relevant chief judge. The number of judges in each district court is determined by Congress . Since the President of the United States appoints all federal judges only with the approval of the Senate , it often turns out that the candidates belong to the same party as the President, or at least share fundamental political views. In the case of appointments in states that are represented by a senator from the same party as the president, the latter often has a considerable influence on the nomination process and can also use an informal veto , which is traditionally observed.
According to the third article of the Constitution, all appointments for life and can only be sold if they meet the standard of "good behavior" (good behavior) hurt. For this purpose, the method of impeachment must be used, i.e. an indictment by the House of Representatives and an impeachment by a two-thirds majority in the Senate. Otherwise, a judge has the right to serve until his death or resignation, even if he is found guilty by a jury in criminal proceedings, for example. In United States history, there have been only twelve judges indicted by the House of Representatives and only seven removed from office by the Senate.
Judges who have reached the age of 65 or suffer a disability can voluntarily retire or assume “senior status” and continue working. Such “senior” judges are no longer counted in the total number of judges at the district court and only perform tasks assigned to them by the local chief judge. However, they keep their chambers and staff, and many continue to work full-time. Federal judges are addressed in writing as The Honorable <First Name Name> ( e.g. The Honorable <First Name Name> ) or the Hon. <First Name Name> , literally as a judge or judge <Last Name> and in the courtroom with Your Honor .
Jurisdiction
To bring a lawsuit in a federal district court, there must be a compelling reason why the federal courts should try the case rather than the state courts. Under American law, federal courts only have jurisdiction if at least one of the following occurs:
- the United States is itself the plaintiff
- the United States (or in certain cases a public official or employee) is the defendant
- Federal question , i.e. jurisdiction results directly from federal law (either the constitution itself or a federal law)
- The law of the sea , which broadly applies to any event that occurs at sea or on other navigable waterways in the United States
- Diversity of Citizenship , that is, that the plaintiff and the defendant live in different states and the amount in dispute at least 75,000 $ is
- Alienage , similar in principle to Diversity of Citizenship , except that one of the parties is a non-resident of the United States, the minimum amount in dispute also applies here
Accordingly, not every lawsuit can be filed in a federal court. These restrictions are a manifestation of federalism in the United States .
Federal district courts often rule on cases that are subject to the law of a federal state (state law) . This is sometimes due to the fact that only legal questions are asked according to state law and that diversity of citizenship is the only basis for the case to even be heard in the federal court. In other circumstances, state law is applied although there is competing federal law available, but the parties only referred to state law in their arguments. The Supreme Court also found that federal courts must apply the law of the state in which they are located if the action relies on state law. It is therefore not possible for them to create new federal law or apply existing federal law.
Although most civil lawsuits can be conducted under either federal or state law, which gives the plaintiff a free choice of jurisdiction, there are some areas of expertise that are only heard by federal courts. These include in particular all questions of intellectual property and those that arise in connection with international agreements. In some situations, the federal courts themselves have jurisdiction based on legal issues, but the plaintiff is immune from federal claims. An example of this is patent infringement by states , for example : jurisdiction over patent law lies solely with federal law, but the 11th Amendment of the Constitution stipulates that states cannot be indicted by their citizens in federal courts. If a state does not voluntarily give up its immunity, this creates a legal vacuum as there is no legal way to hear the case anywhere at all. The Supreme Court only renewed this legal understanding in 1999 in the Florida Prepaid Postsecondary Education Expense Board v. College Savings Bank .
District courts also have limited jurisdiction as appellate courts in which they can review decisions made by trademark protection courts and bankruptcy courts.
lawyers
Only ordinary lawyers who are recognized by the respective court can defend the plaintiff or defendant in federal court proceedings. The United States does not have separate state exams for attorneys (with the exception of patent law). Rather, they are relying on the practice of the state in which they operate. Lawyers trying to represent a client in federal court must provide an official state certificate, pay a fee, and take an oath of office.
Appeal
Appeals against formal decisions of the federal district courts in civil and criminal proceedings can be lodged in the associated federal appeals court . Appeals against decisions relating to patent law or claims against the United States itself can only be appealed to the federal appeals court for the federal government.
statistics
The structurally largest courts with the largest number of cases are expected to be found in the largest cities in the United States: New York , Los Angeles, and Chicago . Together, these three courts have the most judges, the most staff, and the most resources.