The Federal Process
Federal Agencies
Federal courts handle both criminal and civil cases.
The bulk of federal criminal cases comes as a result of enforcement by federal agencies. The Federal Bureau of Investigation is the agency most commonly in the news. The FBI investigates violations of federal law. It also investigates acts of terrorism against U.S. citizens in foreign countries.
In some instances the FBI may become involved in crimes that on the surface have primarily state jurisdiction. Robbery or murder for example. Neither crime, involving ordinary citizens, is a violation of federal law. But suppose the suspect steals a car and makes a getaway into another state. The FBI would enter the case because taking a stolen car across a state line is against federal law. The FBI may capture the suspect on a charge of interstate transportation of a stolen motor vehicle, then return the suspect to the state for prosecution of the more serious offense under state law.
A maze of federal agencies is empowered to act on criminal matters. The best known are the FBI, the Secret Services, Drug Enforcement Administration, the Bureau of Alcohol, Tobacco and Firearms, Customs Agency Service and Postal Inspection Service.
The Secret Service is best known for protecting the president. In addition, the agency enforces laws relating to money and government bonds and the news media would deal with the Secret Service in forgery of federal instruments or counterfeiting cases.
The Judicial System
The basic federal trial court is the district court. In all the states, the District of Columbia and Puerto Rico, district courts have federal jurisdiction only.
Texas has four federal judicial districts: Northern, Eastern, Southern and Western. Judges serve in a district.
Within the districts are divisions. Court convenes within the division in centrally located cities, to which the judge is assigned. Divisions of the federal court district may encompass a number of counties.
Administrative and quasi-judicial agencies in the federal system have court-like powers. Examples are the Tax Court, Federal Trade Commission and the National Labor Relations Board.
An appeal from a district or administrative court is taken to one of the 13 courts of appeals, known technically as U. S. circuit courts of appeal. Texas, Louisiana and Mississippi are in the 5th U. S. Circuit Court of Appeals with headquarters in New Orleans.
Appellate court judges have some authority to act on their own, as to stay acts of lower courts. Oral arguments and other hearings on appeal are usually heard before a panel of three judges. The panel is usually from the circuit court, but it may include a district judge. In some instances the court may agree to a rehearing en banc before the entire court.
Appeals from the circuit courts of appeals go to the U. S. Supreme Court, as do those from other lesser-known federal courts. These include the Court of Customs and Patent Appeals (which itself handles appeals from another federal court, Customs Court) and the Court of Claims.
The U. S. Supreme Court is the court of final appeal. In some instances, state cases may go directly to the Supreme Court and bypass the lesser appellate courts.
The Supreme Court may decide to review a case or refuse. The review may be based upon documents or the court may call for oral arguments. The court may uphold or reverse the decision of a lower court. Any justice may act separately to halt an action until review.
A decision made by the Supreme Court may affect every court in the nation.
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