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Federal judiciary of the United States

The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts.[1] It also includes a variety of other lesser federal tribunals.

Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that federal judges are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, or die.[2]

The is the policymaking body of the U.S. federal courts. The conference is responsible for creating and revising federal procedural rules pursuant to the Rules Enabling Act.

Judicial Conference of the United States

The is the primary support agency for the U.S. federal courts. It is directly responsible to the Judicial Conference. The AO prepares the judiciary's budget, provides and operates secure court facilities, and provides the clerical and administrative staff essential to the efficient operation of the courts.

Administrative Office of the United States Courts

The are panels within each circuit charged with making "necessary and appropriate orders for the effective and expeditious administration of justice".

judicial councils

The is the primary research and education agency for the U.S. federal courts.

Federal Judicial Center

The transfers and consolidates cases in multiple judicial districts that share common factual issues.

Judicial Panel on Multidistrict Litigation

The is an Executive Branch agency that is responsible for providing protection for the federal judiciary and transporting federal prisoners.

United States Marshals Service

The provide security for the Supreme Court building.

Supreme Court Police

Legal procedure[edit]

The Supreme Court has interpreted the Constitution as placing some additional restrictions on the federal courts. For example, the doctrines of mootness, ripeness, and standing prohibit district courts from issuing advisory opinions. Other doctrines, such as the abstention doctrine and the Rooker–Feldman doctrine limit the power of lower federal courts to disturb rulings made by state courts. The Erie doctrine requires federal courts to apply substantive state law to claims arising from state law (which may be heard in federal courts under supplemental or diversity jurisdiction). In difficult cases, the federal courts must either guess as to how a court of that state would decide the issue or, if that state accepts certified questions from federal courts when state law is unclear or uncertain, ask an appellate court of that state to decide the issue.


Notably, the only federal court that can issue proclamations of federal law that bind state courts is the Supreme Court itself. Decisions of the lower federal courts, whether on issues of federal law or state law (i.e., the question was not certified to a state court), are persuasive but not binding authority in the states in which those federal courts sit.[4]


Some commentators assert that another limitation upon federal courts is executive nonacquiescence in judicial decisions, where the executive simply refuses to accept them as binding precedent.[5][6] In the context of administration of U.S. internal revenue laws by the Internal Revenue Service, nonacquiescences (published in a series of documents called Actions on Decisions) "generally do not affect the application of stare decisis or the rule of precedent". The IRS "will recognize these principles and generally concede issues accordingly during administrative proceedings." In rare cases, however, the IRS may continue to litigate a legal issue in a given circuit even where the IRS has already lost a case on that issue in that circuit.[7]

History[edit]

The Articles of Confederation provided a clear basis for the initial establishment of United States of America judicial authority by Congress prior to the Constitution. This authority, enumerated by Article IX, allowed for the establishment of United States jurisdiction in the trial of piracies and felonies committed on the high seas, final appeals from state court decisions in all cases of captures of enemy ships, last resort for resolution of disputes between two or more states (including disputes over borders and jurisdiction), and final determination of controversies between private parties arising from conflicting land grants issued by two or more states prior to settlement of which state actually has jurisdiction over the territory. The Court of Appeals in Cases of Capture was the first United States Court established by the United States. Additional United States courts were established to adjudicate border disputes between the states of Connecticut and Pennsylvania, New York and Massachusetts, Georgia and South Carolina. Lastly, a United States court was established for the Northwest Territory.


When the Constitution came into force in 1789, Congress gained the authority to establish the federal judicial system as a whole. Only the Supreme Court was established by the Constitution itself. The Judiciary Act of 1789 created the first inferior (i.e., lower) federal courts established pursuant to the Constitution and provided for the first Article III judges.


Virtually all U.S. law schools offer an elective course that focuses specifically on the powers and limitations of U.S. federal courts, with coverage of topics such as justiciability, abstention doctrines, the abrogation doctrine, and habeas corpus.[8]

United States federal judge

Judicial appointment history for United States federal courts

List of United States federal judges by longevity of service

List of current United States circuit judges

List of current United States district judges

Article Three of the United States Constitution

(Public Access to Court Electronic Records)

PACER

(Case Management/Electronic Case Files)

CM/ECF

(outline of all state and federal courts in the United States)

List of courts of the United States

Federal Rules of Civil Procedure

State supreme courts of the United States

Uniformity and jurisdiction in U.S. federal court tax decisions

Federal Court Concepts, Georgia Tech

Creating the Federal Judicial System

Debates on the Federal Judiciary: A Documentary History

History of the Courts of the Federal Judiciary

Archived 2010-03-27 at the Wayback Machine

CourtWEB, Online Federal Court Opinions Information System

Official website