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 District Courts._--The lowest grade of federal court is the district
court, held in each of the districts (about eighty) into which the
country is divided. In some cases a state constitutes one district; in
other cases a state is divided into two, three, four, or five
districts. Usually there is one judge for each district, though in a few
cases there are several judges for a single district, each holding court
separately.
The jurisdiction of the district court embraces civil and criminal cases
under the laws of the United States--such as suits for the infringement
of patents and copyrights, admiralty cases, bankruptcy proceedings,
revenue cases; and offenses against the United States revenue laws, laws
against counterfeiting, the public land laws, the pure food laws, the
postal laws, and the interstate commerce laws. Controversies between
citizens of different states may also be brought to this court.[99]
[99] Such suits may also be brought in the state courts but may at the
option of the defendant be transferred to a federal court for trial.
Many lawyers prefer to bring their suits in the state courts even when
they have the privilege of suing in the federal courts, because of
their greater familiarity with the procedure of these courts.
In most cases appeals may be taken from the decisions of the district
courts to the circuit courts of appeals or to the Supreme Court.
=Federal Attorneys, Marshals, and Clerks.=--In each of the federal
judicial districts, there is a United States attorney who prosecutes
violations of the federal laws in his district. There is also in each
district a United States marshal who bears somewhat the same relation to
the federal court that a sheriff does to a state court. He executes the
processes of the court, arrests offenders, and performs other
ministerial functions for the court. In each district there is a clerk
who has custody of the seal of the court and keeps a record of its
proceedings, orders, judgments, etc. The marshal and attorney are
appointed by the President, but the clerk is chosen by the court
itself.
In each district, also, the court appoints a number of United States
commissioners who are empowered to issue warrants for arrest, take bail,
determine whether accused persons shall be held for trial, and perform
other duties somewhat similar to those discharged by justices of the
peace under the judicial system of the state.
=The Regular Federal Judges.=--_Appointment._--All federal judges are
appointed by the President, by and with the advice and consent of the
Senate. The judges of most of the states, as we have seen, are now
chosen by popular election, but that method did not commend itself to
the framers of the federal Constitution. The existing method of
appointing federal judges has given general satisfaction, and with
remarkably few exceptions, the persons appointed to the federal bench
have been men of integrity and fitness.[100]
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