Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_The Circuit Courts of Appeals._--Next below the Supreme Court are the
circuit courts of appeals, nine in all--one for each of the judicial
circuits into which the country is divided.[98] These courts were created
by act of Congress in 1891 to relieve the Supreme Court from an
accumulation of business that rendered the prompt decisions of cases
impossible, the docket of the court having become so overcrowded that it
was about three years behind with its business. The act creating the
circuit courts of appeals, however, did not provide an additional class
of judges to hold these courts, but enacted that each of them should be
held by three judges assigned for the purpose from among the judges of
the circuit. The judges of each circuit include one justice of the
Supreme Court assigned to the circuit, two or more circuit judges
appointed for the circuit, and a considerable number of district judges,
each appointed for a district in the circuit. Most circuit courts of
appeals are held by three circuit judges; but occasionally by two
circuit judges together with a district judge or the Supreme Court
justice. The circuit courts of appeals have only appellate jurisdiction,
that is, they hear and determine only cases appealed from the lower
courts, and their decisions are final in most cases. This relieves the
Supreme Court of all but the most important cases, and enables it to
give more attention to the cases before it and to dispatch its business
more promptly.
[98] The first circuit embraces Maine, Massachusetts, New Hampshire,
and Rhode Island; the second, Connecticut, New York, and Vermont; the
third, Delaware, New Jersey, and Pennsylvania; the fourth, Maryland,
North Carolina, South Carolina, Virginia, and West Virginia; the fifth,
Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas; the sixth
Kentucky, Michigan, Ohio, and Tennessee; the seventh, Illinois,
Indiana, and Wisconsin; the eighth, Arkansas, Colorado, Oklahoma, Iowa,
Kansas, Minnesota, Missouri, Nebraska, New Mexico, North Dakota, South
Dakota, Utah, and Wyoming; the ninth, Alaska, Arizona, California,
Idaho, Montana, Nevada, Oregon, Washington, and Hawaii.
_Former Circuit Courts._--Prior to 1911 next below the circuit courts of
appeals were the circuit courts, which were held in the different
districts within the circuit, either by a circuit judge or by the
justice of the Supreme Court assigned to the circuit, or by a district
judge, or by the three, or any two of them, sitting together. In 1911
the circuit courts were abolished and their jurisdiction conferred on
the district courts. The circuit judges, however, were retained and will
henceforth sit in the circuit courts of appeal.
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