- United States courts of appeals
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- United States courts of appeals
United States courts of appeals United States
This article is part of the series:
Politics and government of
the United StatesLegislaturePresidency
- Vice President
- Federal agencies
- Federal courts
- Supreme Court
- Courts of Appeals
- District Courts
- State government
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- State courts
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The United States courts of appeals (or circuit courts) are the intermediate appellate courts of the United States federal court system. A court of appeals decides appeals from the district courts within its federal judicial circuit, and in some instances from other designated federal courts and administrative agencies.
The United States Courts of Appeals are considered among the most powerful and influential courts in the United States. Because of their ability to set legal precedent in regions that cover millions of people, the United States Courts of Appeals have strong policy influence on U.S. law; however, this political recognition is controversial. Moreover, because the U.S. Supreme Court chooses to hear fewer than 100 of the more than 10,000 cases filed with it annually, the United States Courts of Appeals serve as the final arbiter on most federal cases.
There are currently 179 Judges on the United States Courts of Appeals authorized by Congress and Article III of the U.S. Constitution. These judges are nominated by the President of the United States, and if confirmed by the United States Senate have lifetime tenure, earning an annual salary of $184,500.
There currently are thirteen United States courts of appeals, although there are other tribunals (such as the Court of Appeals for the Armed Forces, which hears appeals in court-martial cases, and the United States Court of Appeals for Veterans Claims, which reviews final decisions by the Board of Veterans' Appeals in the Department of Veterans Affairs) that have "Court of Appeals" in their titles. The eleven "numbered" circuits and the D.C. Circuit are geographically defined. The thirteenth court of appeals is the United States Court of Appeals for the Federal Circuit, which has nationwide jurisdiction over certain appeals based on their subject matter. All of the courts of appeals also hear appeals from some administrative agency decisions and rulemaking, with by far the largest share of these cases heard by the D.C. Circuit. The Federal Circuit hears appeals from specialized trial courts, primarily the United States Court of International Trade and the United States Court of Federal Claims, as well as appeals from the district courts in patent cases and certain other specialized matters.
Decisions of the United States courts of appeals have been published by the private company West Publishing in the Federal Reporter series since the courts were established. Only decisions that the courts designate for publication are included. The "unpublished" opinions (of all but the Fifth and Eleventh Circuits) are published separately in West's Federal Appendix, and they are also available in on-line databases like Lexis or Westlaw. More recently, court decisions are also available electronically on the official Internet websites of the courts themselves. However, there are also a few federal court decisions that are classified for national security reasons.
The circuit with the smallest number of appellate judges is the First Circuit, and the one with the largest number of appellate judges is the geographically-large and populous Ninth Circuit in the Far West. The number of judges that the U.S. Congress has authorized for each circuit is set forth by law in 28 U.S.C. § 44.
Although the courts of appeals are frequently referred to as "circuit courts," they should not be confused with the former United States circuit courts, which were active from 1789 to 1911, during the time when long-distance transportation was much less available, and which were primarily first-level federal trial courts that moved periodically from place to place in "circuits" in order to serve the dispersed population in towns and the smaller cities that existed then.
Trials, at which witnesses and other evidence are presented to a jury or judge in order to determine the truth or facts regarding a particular case, are held only in courts with original jurisdiction, i.e., courts in which a lawsuit is originally (and properly) filed and which have the power to accept evidence from witnesses and make factual and legal determinations regarding the evidence presented. Such trial courts also determine what, if any, punishment (in criminal cases), or what damages (in civil cases) should be awarded. Because the courts of appeals possess only appellate jurisdiction, they do not hold trials. Instead, appeals courts review decisions of trial courts for errors of law. Acco