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Establishment History Of The Federal Court Of Appeal

Posted on:2018-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y YuFull Text:PDF
GTID:2416330536974978Subject:History of law
Abstract/Summary:PDF Full Text Request
Due to the federal political system,judicial system of the United States is divided into federal system and state system.The fe deral appellate court is in the middle-tier level of the federal court system.And as the f irst-level appellate court,most of the jurisdiction of the federal court ends here.Only very lim ited number of cases enter into the Supreme court.while the impact of federal appellate court keeps growing in the administration of justice of the United S tates,it was not estab lished until o ne hundred years after the nation was founded.The article III of the Federal Constitution states that the "judicia l power of the United States belonged to a Suprem e Court a nd the lower courts established by Congress at any time order",and the subsequent Judiciary Act of 1789 and the federal constitution created elemental framework of the federal judicial system.In the initial justice system,there were one suprem e court,thirteen district courts and three circuit courts.By the nam e of court,circuit court is a tribunal in nature,and it is b asically similar to the trial court of district courts.The federa l appellate court as we know today was officially established over 100 years later.Together,three levels of federal courts set up the federal judicial system,and their interlinked history drew out the history of the federal judiciary.There are a lot of significant judicial act in the federal judicial history,those who directly related to the F ederal Court of appeal are the Evarts Act 1891,the Judicial Code of 1911 and Judges' Bill 1925.These bills have played a key role in the process of establishing the f ederal appellate court and constituted an important turning point in the history of the federal appellate court.By 1891,there were the concept of federal circuits,and circuit court,but there weren't specialized intermediate-level appellate court,so the Supreme Court can be said to be the country's only specialized appellate court and its cases pressure was heavy.In 1891,the Evarts Act authorized the establishment of the Federal Circuit Court of appeal to ease the Supreme Court's case pressure.In 191 1,the original circuit courts were form ally abolished,and Circuit Court of appeals changed its name to the Court of appeal,so confusion and conflicts caused by the courts over sim ilar name and overlapping function could be clarified,and appellate function of the appe llate court could be clearer.Judges' Bill of 1925 further reduced the obligatory review jurisdiction of the Suprem e Court,so the Supreme Court used great discretionary review jurisdiction to decrease the number of cases entering into the Suprem e Court,and most cases were finished in the Federal Court of appeal,which played a more im portant role in the two-tier appeal system.Meanwhile,the Supreme Court b egan to concentrate on cases of key influence and gradually established "highest status",whic h formed the "pyramid" court system that we see today.The functions and jurisdictions of the federal appellate court were basically set up in 1925,and after that,with the increasing num ber of cases,the circuits have the part of adjustments.In 1982,Congress passed legi slation to adjust the original federal court system,integrating right to s et up a terr itorial jurisdiction of the Federal Cou rt of appeals for the Federal Circuit in the range.The fiction and territorial ju risdiction of circuit cour ts were determined in 1925.Later adjustments were made to some appealing district.In 1982,congress adjusted the orginal federal court system by law and established federal circuit appeal court of cross-territorial jurisdiction.The early Federal circuit courts played a part of "State building",strengthening newborn federation and unifying country.Later,the adjusted federal appealing courts gave full play of "end of lawsuit and unity of Justice" as the official appealing court.
Keywords/Search Tags:The Federal judicial system, the Federal Court of appeal, circuit courts, unity of Justice
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