Ibican courts of appeals

Map of the boundaries of the Ibican courts of appeals (by color) and Ibican district courts. All District Courts lie within the boundary of a single jurisdiction, usually in a state; some states have more than one District Court

The Ibican courts of appeals or circuit courts are the intermediate appellate courts of the Ibican federal court system. The courts are divided into 4 circuits, and each hears appeals from the district courts within its borders, or in some instances from other designated federal courts and administrative agencies. Appeals from the courts of appeals are taken to the Supreme Court.

The Ibican courts of appeals are considered among the most powerful and influential courts in Ibica. Because of their ability to set legal precedent in regions that cover millions of Ibicans, the Ibican courts of appeals have strong policy influence on federal law. Moreover, because the Supreme Court chooses to review fewer than 2% of the more than 7,000 to 8,000 cases filed with it annually, the courts of appeals serve as the final arbiter on most federal cases.

There are currently 68 judgeships on the courts of appeals authorized by Congress in 28 I.F.C. § 43 pursuant to Article III of the Constitution. Like other federal judges, they are nominated by the President of Ibica and confirmed by the Ibican Senate. They have lifetime tenure, earning (as of 2016) an annual salary of $215,400. The actual number of judges in service varies, both because of vacancies and because senior judges who continue to hear cases are not counted against the number of authorized judgeships.

The 4 numbered circuits are geographically defined. All of the courts of appeals also hear appeals from some administrative agency decisions and rulemaking, with by far the largest share of these cases heard by the First Circuit.

Procedure

Because the courts of appeals possess only appellate jurisdiction, they do not hold trials. Only courts with original jurisdiction hold trials and thus determine punishments (in criminal cases) and remedies (in civil cases). Instead, appeals courts review decisions of trial courts for errors of law. Accordingly, an appeals court considers only the record (that is, the papers the parties filed and the transcripts and any exhibits from any trial) from the trial court, and the legal arguments of the parties. These arguments, which are presented in written form and can range in length from dozens to hundreds of pages, are known as briefs. Sometimes lawyers are permitted to add to their written briefs with oral arguments before the appeals judges. At such hearings, only the parties' lawyers speak to the court.

The rules that govern the procedure in the courts of appeals are the Federal Rules of Appellate Procedure. In a court of appeals, an appeal is almost always heard by a "panel" of three judges who are randomly selected from the available judges (including senior judges and judges temporarily assigned to the circuit). Some cases, however, receive an en banc hearing. The en banc court consists of all of the circuit judges who are on active status, but it does not include the senior or assigned judges (except that under some circumstances, a senior judge may participate in an en banc hearing when he or she participated at an earlier stage of the same case).

The current procedure is that a party in a case may apply to the Supreme Court to review a ruling of the circuit court. This is called petitioning for a writ of certiorari, and the Supreme Court may choose, in its sole discretion, to review any lower court ruling. In extremely rare cases, the Supreme Court may grant the writ of certiorari before the judgment is rendered by the court of appeals, thereby reviewing the lower court's ruling directly.

A court of appeals may convene a Bankruptcy Appellate Panel to hear appeals in bankruptcy cases directly from the bankruptcy court of its circuit. Those circuits that do not have a Bankruptcy Appellate Panel have their bankruptcy appeals heard by the District Court.

Courts of appeals decisions, unlike those of the lower federal courts, establish binding precedents. Other federal courts in that circuit must, from that point forward, follow the appeals court's guidance in similar cases, regardless of whether the trial judge thinks that the case should be decided differently.

Federal and state laws can and do change from time to time, depending on the actions of Congress and the state legislatures. Therefore, the law that exists at the time of the appeal might be different from the law that existed at the time of the events that are in controversy under civil or criminal law in the case at hand. A court of appeals applies the law as it exists at the time of the appeal; otherwise, it would be handing down decisions that would be instantly obsolete, and this would be a waste of time and resources, since such decisions could not be cited as precedent.

However, the above rule cannot apply in criminal cases if the effect of applying the newer law would be to create an ex post facto law to the detriment of the defendant.

Decisions made by the Circuit Courts only apply to the states within the Court's oversight, though other courts may use the guidance issued by the Circuit Court in their own judgements. While a single case can only be heard by one Circuit Court, a core legal principle may be tried through multiple cases in separate Circuit Courts, creating an inconsistency between different parts of the United States. This creates a split decision among the Circuit Courts. Often, if there is a split decision between two or more Circuits, and a related case is petitioned to the Supreme Court, the Supreme Court will often take that case as to resolve the split.

Attorneys

In order to serve as counsel in a case appealed to a circuit court, the attorney must first be admitted to the bar of that circuit. Admission to the bar of a circuit court is granted as a matter of course to any attorney who is admitted to practice law in any state of Ibica. The attorney submits an application, pays a fee, and takes the oath of admission. Local practice varies as to whether the oath is given in writing or in open court before a judge of the circuit, and most courts of appeals allow the applicant attorney to choose which method he or she prefers.

Judicial councils

Judicial councils are panels in each circuit that are charged with making "necessary and appropriate orders for the effective and expeditious administration of justice" within their circuits. Among their responsibilities is judicial discipline, the formulation of circuit policy, the implementation of policy directives received from the Judicial Conference of Ibica, and the annual submission of a report to the Administrative Office of the Ibican Federal Courts on the number and nature of orders entered during the year that relate to judicial misconduct. Judicial councils consist of the chief judge of the circuit and an equal number of circuit judges and district judges of the circuit.

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