Circuit courts The circuit court also has joint jurisdiction with the Illinois Top Court (the state supreme court) to consider issues involving revenue, mandamus, prohibition, and habeas corpus. However, if the Supreme Court decides to hear certain cases, the circuit court may decline to hear them. These cases include: appeals from decisions by lower courts that affect a large number of people; appeals in which a constitutional issue is raised; and appeals in which the public interest is involved.
The Supreme Court is made up of seven judges who are appointed by the governor to serve on a temporary basis, with new appointments being made for a maximum of nine years. Members can not be elected officials or members of the same political party. A majority vote of the justices is required to decide an appeal.
Lower courts have original jurisdiction in all civil and criminal matters except as provided by law. This means that a lower court can decide what cases will be heard by it and can grant relief in those cases that are not reviewed by a higher court. For example, a judge could determine that he or she did not want to hear a particular case and send it back to the lower court for further action. Lower courts can also transfer cases to other courts with greater jurisdiction. For example, a case involving a minor offense might be transferred to a municipal court in order to keep the case out of the attention of the press or general public.
The circuit court of appeals It is one of the twelve federal courts of appeals in the United States that cover a group of states known as a "circuit" of original jurisdiction. The jurisdiction of the courts that hear a matter first, generally in a trial, and decide the facts of a case. If they find for the plaintiff, they make an award of money damages; if they find for the defendant, they dismiss the case. The amount of damage awarded by a jury is usually based on how much money the plaintiff believes he or she is worth and the other side's lawyers want to keep out of jail.
Appellate courts are where civil cases are reviewed after being tried before a judge or a jury. The decision made by the appellate court can be based on the law, such as whether or not the trial court was right to deny summary judgment, or whether or not the fact-finder was right in deciding what facts were established by the evidence at trial.
An example of an appellate court is the Illinois Supreme Court, which reviews lower court decisions. Lower courts include all levels from small claims courts to the U.S. District Courts. The highest court in each state may review judgments rendered by lower courts within their own system. Appeals from convictions in criminal cases are taken to the state supreme court.
Circuit Court of Appeals Concerning the Circuit Court The Circuit Court is the broad jurisdiction trial court in Maryland. The Circuit Courts have sole original jurisdiction over jury trials in civil and criminal cases, as well as non-jury trials in equity cases involving family law and other issues. Jury trials may be requested by either party in most cases. There are also six District Courts in Maryland which have limited jurisdiction. Each District has one or more County Judges who conduct hearings and decide cases without a jury.
The Circuit Court operates under a mandatory appellate system. Appellate review of Circuit Court decisions is done by the state's highest court, the Court of Appeals. The Court of Appeals may rule on any case brought before it, including those that present questions of first impression. In addition, the Circuit Courts can grant rehearings in their own rulings within a certain time period to allow for further review if necessary. Finally, there is a procedure known as "certiorari" that allows any person to request that the Attorney General represent them in an appeal of right to the Court of Appeals if they are not satisfied with how their case was handled by the Circuit Court.
In Maryland, there are two types of appeals from Circuit Court judgments: de novo and on record. With respect to de novo appeals, the entire case, including facts and issues, is reviewed by the higher court. On record appeals are subject to limitations on what can be included in the record.
Overview and function. The circuit courts of Wisconsin are the state's trial courts. The circuit courts have initial jurisdiction over all civil and criminal proceedings in the state, including probate, juvenile, and traffic cases, as well as civil and criminal jury trials. Each circuit has two courts that operate simultaneously called "terms". One court sits in one location, while the other court travels to another location each week or month depending on the judge who is presiding over cases at that time.
They are also the level at which most appeals from administrative decisions and lower court judgments are filed. There are three ways that an appeal may be taken: by special assignment by statute, such as a case involving the state government; by petition to a court of appeals, which are district courts created by statute to provide an additional layer of appellate review; or as part of a normal course of action after filing an action in circuit court (called "applications for leave to appeal").
In addition to these functions, the circuit courts also serve as forums for the resolution of certain disputes between private parties. These include actions arising under collective bargaining agreements, employment contracts, leases, loans, mortgages, deeds, wills, trusts, violations of statutes or ordinances, and any other type of legal action or dispute that can be resolved through litigation.
Finally, the circuit courts conduct hearings to determine the eligibility of individuals for various licenses or certificates.
Circuit courts are part of the same regional justice system as district courts. A circuit court, at its most basic, is a set of courts that collaborate as a regional judicial system. Typically, these courts hear cases and hear appeals from inside the region. The scope and purpose of the judicial systems differ from area to region and country to country. In some countries there is only one court system with multiple levels; in others there are separate courts for civil and criminal cases.
In America, the term "circuit court" refers to the federal trial courts that have jurisdiction over certain types of claims arising under federal law. These courts were originally known as "circuit courts of appeal." But because appellate courts review judgments, not actions, this term was found to be misleading. So the phrase "courts of appeals" was used instead. Today, there are 28 U.S.C. § 1292 circuit courts of appeal across the United States. Each court has three judges who are appointed by the president and confirmed by the Senate.
The first 11 U.S.C. § 240 circuit courts were established by Congress in 1872 during the reconstruction period after the American Civil War. Before then, civil cases could be brought in either state or federal court, but criminal cases had to be brought in state court. By establishing these new courts, Congress wanted to ensure speedy and uniform justice across the nation. Today, these courts continue to have jurisdiction over various types of claims under federal law including patents, copyrights, and trademarks.
The Circuit Courts' Roles Jury trials are not heard in the circuit courts. They exclusively hear cases in which a party claims that a district court judge erred in handling their case. Circuit court judges rely on documents known as "briefs" to assess the merits of an appeal. These briefs are usually filed by lawyers who represent individuals or organizations before the court.
Judges are elected by voters to decide cases before them. Each state has its own system for electing judges; some states allow judges to run for office again and others do not. Judges can also be removed from office through impeachment by the federal government or suspension by the governor. Some states have additional methods for removing judges, such as disability pensions or death sentences for those who show signs of mental illness.
In most states, only people who can afford a lawyer will be able to get into court to argue their case. Only people who can pay for expert witnesses may be able to get them to testify on their behalf. The poor cannot afford these costs and so go to trial represented by public defenders who may have other duties besides working on cases like this one. Judges are not required to explain their decisions, so it is difficult for attorneys to determine if they are going against their client's interests by default.
Because of the importance of having a fair trial, many countries have laws that protect jurors from retaliation by employers or others who might want to influence their verdict.