does a states attorney decide which court to circuit

Is the state court system the same in every state?

No two state court systems are exactly the same, but in some form all of them divide their caseloads by subject matter. The general structure of most state courts, from the highest appellate level to the lowest trial level, is as follows:

What do the federal courts decide?

On one track, federal courts decide cases that involve parties from different states, federal laws, or constitutional rights. The federal courts are split into two categories: Article I courts, and Article III courts.

Can a state court case be used in a federal case?

You may have a federal court case with a state law issue. For the substance of the state law issue, decisions of the state supreme court would be binding, even though you are in federal court. Decisions of the state court of appeals may also be useful, but the federal courts might treat that as persuasive authority.

What happens at a state's attorney trial?

During the trial, the State's Attorney may make opening and closing statements, offer evidence, question witnesses and challenge the defense attorney's legal actions. If the defendant is found guilty, the State's Attorney recommends a sentence for the judge to determine and may have to argue the case again in an appeal to a higher court.

What does the Florida state attorney do?

The Attorney General is the statewide elected official directed by the Florida Constitution to serve as the chief legal officer for the State of Florida. The Attorney General is responsible for protecting Florida consumers from various types of fraud and enforcing the state's antitrust laws.

Can the state Attorney General prosecute local cases?

Chapter 1, section 1.09, of the Penal Code provides that, “with the consent of the appropriate local county or district attorney, the Attorney General has concurrent jurisdiction with that consenting local prosecutor” to prosecute certain offenses, including: Misuse of state property or funds. Abuse of office.

How many Ausas are there?

93 United States AttorneysThere are currently 93 United States Attorneys: one for each of the 94 federal judicial districts, except for Guam and the Northern Marianas, where a single U.S. Attorney serves both districts.

Why do prosecutors sometimes choose not to prosecute criminal cases?

Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Who is above the district attorney?

In practice, district attorneys, who prosecute the bulk of criminal cases in the United States, answer to no one. The state attorney general is the highest law enforcement officer in state government and often has the power to review complaints about unethical and illegal conduct on the part of district attorneys.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

How much does the US Attorney for the Southern District of New York make?

Audrey Strauss, the new acting U.S. attorney for the Southern District of New York, reported income of about $1.5 million in a 2018 financial disclosure, before rejoining the office she now heads.

What are the duties of the U.S. attorney general?

The principal duties of the Attorney General are to: Represent the United States in legal matters. Supervise and direct the administration and operation of the offices, boards, divisions, and bureaus that comprise the Department.

What does the attorney general do?

The Attorney General is the representative of the public in all legal proceedings for the enforcement of law and the assertion or protection of public rights. The Attorney General defends the constitutionality of Bills referred to the Supreme Court under Article 26 of the Constitution.

Can charges be dropped after sentencing?

Charges also can be dismissed even if the case has gone to trial and the defendant has lost. A convicted defendant who wins an appeal can sometimes secure an order from the appellate court that the lower court (the trial court) dismiss the case or enter a judgment of acquittal rather than retry the case.

What is exculpatory evidence?

Evidence, such as a statement, tending to excuse, justify, or absolve the alleged fault or guilt of a defendant.

Can a dismissed case be reopened?

“A case can be revived after it has been dismissed, but the individual must convince the court that there is a justifiable explanation for the person's non-appearance.” The matter can be reopened under Order 9 Rule 9 of the Civil Procedure Code 1908, but the person must provide sufficient grounds to the court.

Which court has the power to decide appeals?

Supreme Court of the United States. The Supreme Court of the United States is the highest court in the American judicial system, and has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law. For example, if a First Amendment freedom of speech case was decided by ...

How many judges are in a circuit court?

Appeals to circuit courts are first heard by a panel, consisting of three circuit court judges. Parties file “briefs” to the court, arguing why the trial court’s decision should be “affirmed” or “reversed.”. After the briefs are filed, the court will schedule “oral argument” in which the lawyers come before the court to make their arguments ...

How does the federal court work?

Courts in the federal system work differently in many ways than state courts. The primary difference for civil cases (as opposed to criminal cases) is the types of cases that can be heard in the federal system. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties. This type of jurisdiction is called “original jurisdiction.” Sometimes, the jurisdiction of state courts will overlap with that of federal courts, meaning that some cases can be brought in both courts. The plaintiff has the initial choice of bringing the case in state or federal court. However, if the plaintiff chooses state court, the defendant may sometimes choose to “remove” to federal court.

What courts are there for veterans?

Beyond the Federal Circuit, a few courts have been established to deal with appeals on specific subjects such as veterans claims (United States Court of Appeals for Veterans Claims) and military matters (United States Court of Appeals for the Armed Forces).

What are the three levels of the federal court system?

Introduction To The Federal Court System. The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal , and the Supreme Court of the United States, the final level of appeal in the federal system .

What is the federal court?

Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties. This type of jurisdiction is called “original jurisdiction.”.

What is a district court?

The district courts are the general trial courts of the federal court system. Each district court has at least one United States District Judge, appointed by the President and confirmed by the Senate for a life term. District courts handle trials within the federal court system – both civil and criminal. The districts are the same as those ...

What court hears civil and criminal cases?

Courts of General Jurisdiction. If the subject matter of your dispute does not fall into one of your state's specialized categories and the amount in controversy is more than the small claims court amount, your case will be heard in a court of general jurisdiction. These courts hear both civil and criminal cases and are the types ...

What is the name of the court that hears a case?

A judge hears the case, and there is often a jury which determines the winning party. Depending on the state you live in, these courts are often referred to as circuit courts or superior courts; in New York, these trial courts are called supreme courts. Thank you for subscribing!

What is limited jurisdiction?

Courts of Limited Jurisdiction. Trial courts of limited jurisdictions are courts that hear only specific types of cases. In these courts, a single judge presides and adjudicates the entire issue. Some examples of courts of limited jurisdiction are: probate court--handles the estate administration for deceased persons.

What is probate court?

probate court--handles the estate administration for deceased persons. If the deceased had a will the court will make sure it is executed properly, and if the person died intestate (without a will) the court will distribute the estate according to the law. family court--handles divorce, child support, child custody, adoptions, etc.

What is the structure of the state courts?

The general structure of most state courts, from the highest appellate level to the lowest trial level, is as follows: Trial courts--divided into two types, limited jurisdiction and general jurisdiction, see below. Municipal or local courts which hear minor infraction-type cases, and cases involving only claims for money below a certain amount ...

What is a family court?

family court--handles divorce, child support, child custody, adoptions, etc. juvenile court--hears cases involving delinquent minors. traffic court--generally for minor traffic violations. small claims court--technically these are courts of limited jurisdictions, though some people consider it a separate, lower tier of the court system. ...

What are the considerations in state courts?

There are two considerations in state courts. First is the subject matter of the dispute, and second is the proper venue, or location within the state.

How many circuit courts are there in the United States?

Some are referred to as Circuit or District Courts. Congress has used this power to establish the 13 U.S. Courts of Appeals, the 94 U.S. District Courts, the U.S. Court of Claims, and the U.S. Court of International Trade. U.S. Bankruptcy Courts handle bankruptcy cases.

What is the Federal Court System?

The Federal Court System. The State Court System. Cases that deal with the constitutionality of a law; Cases involving the laws and treaties of the U.S.; Cases involving ambassadors and public ministers; Disputes between two or more states; Admiralty law; Bankruptcy; and. Habeas corpus issues.

How are federal judges removed from office?

Through Congressional impeachment proceedings, federal judges may be removed from office for misbehavior. State court judges are selected in a variety of ways, including. election, appointment for a given number of years, appointment for life, and. combinations of these methods, e.g., appointment followed by election.

Which article of the Constitution invests the judicial power of the United States in the federal court system?

Article III of the Constitution invests the judicial power of the United States in the federal court system. Article III, Section 1 specifically creates the U.S. Supreme Court and gives Congress the authority to create the lower federal courts. The Constitution and laws of each state establish the state courts.

Who can review a decision of the Supreme Court?

A party may ask the U.S. Supreme Court to review a decision of the U.S. Court of Appeals, but the Supreme Court usually is under no obligation to do so. The U.S. Supreme Court is the final arbiter of federal constitutional questions. Parties have the option to ask the highest state court to hear the case.

Who is the final arbiter of state laws?

State courts are the final arbiters of state laws and constitutions. Their interpretation of federal law or the U.S. Constitution may be appealed to the U.S. Supreme Court. The Supreme Court may choose to hear or not to hear such cases.

Which court reviews federal circuit court decisions?

Decisions of federal circuit courts are subject to judicial review by the Supreme Court of the United States. However, due to the fact that the Supreme Court reviews relatively few cases each term, most published federal circuit court decisions remain durable precedents. Below, we will list the federal circuit courts along with ...

How many federal circuit courts are there?

There are thirteen federal circuit courts. Each of these federal circuit courts has appellate jurisdiction over either a different region of the country or specific subject-matter. All but one of the federal circuit courts handles immigration appeals. A published (for-precedent) decision issued by a federal circuit court is not only binding on all ...

Which circuit has the smallest jurisdiction?

Exercises Jurisdiction Over: District of Colombia#N#Although the D.C. Circuit has the smallest geographic jurisdiction of any of the federal circuit courts with geographic jurisdiction, it is considered by many to be primus inter pares (first among equals) of the federal circuit courts due to the fact that it hears the most appeals involving federal regulations and agency actions. The D.C. Circuit sets many important administrative law precedents, sometimes specifically affecting immigration, which have an effect on immigration law generally. However, it handles relatively few immigration appeals compared to the eleven circuits with larger geographic jurisdictions.

Which circuit has jurisdiction over Alaska?

United States Court of Appeals for the Ninth Circuit. Exercises Jurisdiction Over: Alaska, Arizona, California, Guam, Hawaii, Idaho, Oregon, Montana, Nevada, Northern Mariana Islands, Washington. The Ninth Circuit has by far the largest geographic jurisdiction of the federal circuit courts, a designation it would have even if it only exercised ...

Which circuit has the most immigration appeals?

Because of its vast geographic scope and its inclusion of California, the Ninth Circuit considers by far the most immigration appeals of any of the federal circuit courts. That its decisions affect so many cases makes it highly influential in the area of immigration appeals.

Which states have exercise jurisdiction?

Exercises Jurisdiction Over: Colorado, Kansas, New Mexico, Oklahoma, Utah, and Wyoming

Can the federal circuit courts reach different conclusions on the same question?

In some cases, federal circuit courts may reach different conclusions on essentially the same question, meaning that the relevant immigration law in one state may be different than the same law as applied in another state.

Which court system decides cases that involve state law?

The alternative (and more commonly used) system of courts are the state courts, which decide cases that involve state law, as well as other cases that do not fall within federal courts' jurisdiction.

How are state judges selected?

Selection of State Court Judges. How state court judges are selected varies by state. States choose judges in any of the following ways: Appointment: The state's governor or legislature will choose their judges. Merit Selection: Judges are chosen by a legislative committee based on each potential judge's past performance.

How long do federal judges serve?

These can include bankruptcy courts, tax courts, and certain military courts. Judges are appointed by Congress and serve for 10 years, after which they may be reappointed.

How long does it take to become a judge in a non-partisan election?

Terms for judges in non-partisan elections can range between 6 and 10 years.

What are the two types of courts?

On one track, federal courts decide cases that involve parties from different states, federal laws, or constitutional rights. The federal courts are split into two categories: Article I courts, and Article III courts. The alternative (and more commonly used) system of courts are the state courts, which decide cases that involve state law, as well as other cases that do not fall within federal courts' jurisdiction.

Who nominates judges for the Supreme Court?

These include the federal trial courts, appellate courts, and the Supreme Court. The judges for these courts are nominated by the President and confirmed by Congress. Once in office, the judges can remain in their positions for life. Thank you for subscribing!

Why do states hold retention elections?

Some states hold "retention elections" to determine if the judge should continue to serve. Partisan Elections: Judges selected through partisan elections are voted in by the electorate, and often run as part of a political party's slate of candidates.

What are the states courts bound by?

State courts are typically bound by the decisions issued by the higher courts in that state. For example, California trial courts are bound by the opinions issued by the California courts of appeals and the California Supreme Court.

Which circuit is the federal district court for Los Angeles?

For example, the 9th Circuit is the federal circuit court for California, and the Central District of California is the federal district court for Los Angeles. Accordingly, 9th Circuit opinions are binding in the Central District of California. State courts are typically bound by the decisions issued by the higher courts in that state.

What is the 9th circuit court?

For example, the 9th Circuit is the federal circuit court for California, ...

Which court is considered mandatory authority?

Accordingly, cases which are both (1) from a higher court, and (2) in the same jurisdiction are considered mandatory authority. All courts, federal and state, are bound by the decisions of the U.S. Supreme Court on U.S. Constitutional and other issues of federal law.

Is it best to cite a non-binding case?

While it is always best to cite to controlling authority, sometimes it can be useful to cite to non-binding cases as relevant persuasive authority. For example, if there is little or no binding authority for your issue in your jurisdiction, you may want to cite to on-point cases outside of your jurisdiction.

Has the court in question decided the issue?

Although the court in question has not decided the issue, every other court that has heard the issue has come to the same conclusion;

Do state court decisions have binding authority?

Finally, it should also be noted that state court decisions typically control on substantive issues of state law. You may have a federal court case with a state law issue. For the substance of the state law issue, decisions of the state supreme court would be binding, even though you are in federal court. Decisions of the state court of appeals may also be useful, but the federal courts might treat that as persuasive authority.

Subject Matter

Courts of Limited Jurisdiction

• Once the federal district court has decided a case, the case can be appealed to a United States court of appeal. There are twelve federal circuits that divide the country into different regions. The Fifth Circuit, for example, includes the states of Texas, Louisiana, and Mississippi. Cases from the district courts of those states are appealed to th...

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Courts of General Jurisdiction

Venue

• Most state courts are set up with two sets of trial courts--courts of limited jurisdiction (probate, family, traffic, etc.) and courts of general jurisdiction (main trial-level cases). You will first have to determine whether your state has specialized courts that handle specific subject matter. Find information on your state's court system here or...

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Remedies