Federal appeals court (6do encyclopedia)



Federal appeals court, also known as the United States Court of Appeals, is one of the most crucial elements of the American judicial system. It is part of the federal judiciary, which is responsible for interpreting and enforcing the United States Constitution, as well as advocating justice under the law. Federal appeals courts play a vital role in the legal system by deciding appeals from lower federal courts and administrative agencies, as well as serving as the final appellate level for most cases within their respective geographic regions.

History and Evolution of Federal Appeals Courts

The construction of Federal appeals courts started in the early 1900s to provide a mechanism for review of decisions made by lower federal courts. However, the specific role and functions of appellate courts have changed over time due to legal evolution. One of the most significant changes came through the Judiciary Act of 1891, which created the circuit courts of appeals as intermediate appellate courts that would have the power to oversee and review cases from the federal district courts.

In the present day, there are 13 Federal Appeals Courts in the United States. These courts, along with the United States Supreme Court, form the highest legal hierarchy in the United States justice system. The country is divided into 12 judicial circuits, each with its own court of appeals. Every court in each circuit consists of a varying number of judges appointed by the President and confirmed by the Senate.

Jurisdiction

Federal appeals courts have the authority to hear various types of cases, including civil, administrative, and criminal cases. They also have the responsibility of interpreting constitutional questions and ensuring the uniformity of federal law throughout the circuit courts of appeals.

The court of appeals has the power to affirm previously-approved court judgments, modify or overrule such judgments if warranted, and correct any errors made by lower courts or administrative agencies. A significant part of the appeal process involves a comprehensive review of the facts, legal precedents, and the legal basis of the case.

In the civil context, Federal appeals courts have jurisdiction over appeals from final judgments of the district court, interlocutory appeals permission, appeals from final judgments of certain administrative agencies, suits or other proceedings by an agency, admiralty and maritime cases, and other appeals as authorized by Congress.

In the criminal context, the appellate jurisdiction occurs under conditions where the defendant may challenge their conviction, sentence, or both. The U.S. courts of appeals can hear appeals from final judgments issued by district courts that have sentenced a defendant to a term in jail. They may also hear appeals from petitions regarding criminal proceedings.

Organization and Procedures

The United States Court of Appeals consists of a chief judge, other judges, and retired judges with senior status. Judges on the court of appeals are appointed to life terms by the President and confirmed by the Senate, like those in the Supreme Court.

The chief judge of each circuit court is responsible for the administration of their court. The chief judge manages the court as well as assigns cases to the court’s judges.

The makeup of a panel of judges that hear cases in the court of appeals is determined by the number of judges present in the district. For instance, the U.S. Court of Appeals for the Second Circuit, which covers New York, Connecticut, and Vermont, operates under two-panel, three-panel or en banc procedures.

A three-panel is the common procedure, where three judges hear an appeal. The two-panel procedure, also referred to as “summary affirmance,” involves two judges who agree on cases that lack legal merit. In unusual cases, the circuit court also uses the en banc procedure. The en banc procedure involves hearing arguments from all the judges from that particular circuit court.

The appeals brief, which outlines the appellee’s and appellant’s arguments, is the key document in the case. The court of appeals receives briefs from both parties and their respective amici curiae (friends of the court).

Once the brief is submitted to the appellate court, the court may schedule an oral argument. While participation in oral arguments is not mandatory, appellants and their attorneys often attend. During oral arguments, judges question the parties’ attorneys to gain insights and understand the underlying facts of the case. After hearing all the arguments from the parties involved, the judges issue a written opinion, which outlines their decision, the reasoning, and the legal standards that apply.

Conclusion

Federal appeals court is an integral part of the American justice system, serving as the intermediaries between the district court and the United States Supreme Court. These courts have been established to ensure uniformity, predictability, and consistency in the application of legal principles in the country’s 13 judicial districts. Using their extensive expertise, contribution of retired judges, and life Appoinment, Federal appeals courts guarantee that legal opinions and decisions are free of errors, precedents are cited appropriately and individuals receive fair decisions that are compliant with the law.


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Elon Musk loses bid to modify, throw out agreement with SEC over tweets

Reuters

23-05-15 13:52


Elon Musk has lost his bid to modify or end the 2018 agreement he made with the US Securities and Exchange Commission (SEC) that required him to get clearance from a Tesla attorney before releasing certain tweets. The 2nd US Circuit Court of Appeals in Manhattan dismissed Musk’s assertion that the SEC had used the agreement to conduct “bad-faith, harassing investigations of his protected speech” and that its enforcement measures had made it much harder for him to comply. Legal experts said the outcome means Musk is now likely to face greater scrutiny from both his company and regulators.

Shares in Tesla dropped nearly 6% after the ruling on Monday, wiping $13.5bn off the company’s value. This was because the SEC had made the demand in the first place after Musk had tweeted he had funding secured to take Tesla private at $420 a share. Three weeks later, under regulatory scrutiny, Musk backed down. He called it an attempt at humour. Former SEC chairman Harvey Pitt said Musk may now have to seriously consider how to beat the regulators. “He is going to have to decide whether he wants to continue to be chairman and CEO of Tesla or whether he wants to walk away,” said Pitt. “Because in the end, if he continues his present approach, he will lose.”

Neil Wilson at trading platform Markets.com said the ruling set “a bad precedent for public company executives who will now be more cautious about making bold statements on social media”. “They will look at this and say Musk has been rightly punished for overstepping the mark,” he said. “It puts executives in a bit of a straitjacket. The whole point of social media is it’s supposed to be informal and chatty. This ruling puts a real dampener on the ability of executives to have a bit of a personality, show some spark and talk to customers as people rather than just dollar signs.”


https://www.reuters.com/legal/elon-musk-loses-bid-modify-throw-out-agreement-with-sec-over-tweets-2023-05-15/