In the federal courts, the parties ' names always stay in the same order as the lower court when an appeal is taken to the circuit courts of appeals, and are re-ordered only if the appeal reaches the Supreme Court.

The key distinguishing factor between direct and collateral appeals is that the former occurs in state courts, and the latter in federal courts.

In Cadillac Motor Car Co. v. Johnson, ( decided in 1915 by the federal appeals court for New York and several neighboring states ), the court held that a car owner could not recover for injuries from a defective wheel, when the automobile owner had a contract only with the automobile dealer and not with the manufacturer, even though there was " no question that the wheel was made of dead and ‘ dozy ‘ wood, quite insufficient for its purposes.

The United States federal courts are divided into twelve regional circuits, each with a circuit court of appeals ( plus a thirteenth, the Court of Appeals for the Federal Circuit, which hears appeals in patent cases and cases against the federal government, without geographic limitation ).

Most of the U. S. federal courts of appeal have adopted a rule under which, in the event of any conflict in decisions of panels ( most of the courts of appeal almost always sit in panels of three ), the earlier panel decision is controlling, and a panel decision may only be overruled by the court of appeals sitting en banc ( that is, all active judges of the court ) or by a higher court.

2002 ), a U. S. court of appeals held that H. Beatty Chadwick could be held indefinitely under federal law, for his failure to produce US $ 2. 5 mill.

A July 6, 2011 ruling from a federal appeals court barred further enforcement of the U. S. military's ban on openly gay service members.

These claims were rejected by the Ohio Supreme Court, but the federal claims were upheld by the local federal district court and by the Sixth Circuit appeals court.

Similarly, section 7482 of the Internal Revenue Code provides that the U. S. Supreme Court and the federal courts of appeals may impose penalties where the taxpayer's appeal of a U. S. Tax Court decision was " maintained primarily for delay " or where " the taxpayer's position in the appeal is frivolous or groundless.

A federal appeals court denied the plaintiffs an injunction ( Suntrust v. Houghton Mifflin ) against publication on the basis that the book was parody and therefore protected by the First Amendment.

With the exception of a single gray whale killed in 1999, the Makah people have been prevented from hunting by a series of legal challenges, culminating in a United States federal appeals court decision in December 2002 that required the National Marine Fisheries Service to prepare an Environmental Impact Statement.

' Another was freed by a federal appeals court after 12 years in prison.

For example, in United States federal courts, the United States district courts have original jurisdiction over a number of different matters ( as mentioned above ), and the United States court of appeals have appellate jurisdiction over matters appealed from the district courts.

In 2009 a federal court of appeals in San Francisco found that Ashcroft could be sued and held personally responsible for the wrongful detention of material witness Abdullah al-Kidd – an American citizen arrested in March 2003 and held for 13 months in maximum security to be used as a witness in the trial of Sami Omar Al-Hussayen ( who himself was acquitted of all charges of supporting terrorism ).

The federal courts rejected their argument on grounds of procedural default, which provides that issues cannot be raised in federal court appeals unless they have first been raised in state courts.

A little-known responsibility of the NTSB is that it serves as a court of appeals for airmen, aircraft mechanics, certificated aviation-related companies and mariners who have their licenses suspended or revoked by the federal government.

He fought for provincial rights, weakening the power of the federal government in provincial matters, usually through well-argued appeals to the Judicial Committee of the Privy Council.

In state and federal courts in the United States of America, jurisdiction is often divided geographically among local trial courts, several of which fall under the territory of a regional appeals court.

In cases addressing other encryption software, however, two federal appeals courts have established the rule that cryptographic software source code is speech protected by the First Amendment ( the Ninth Circuit Court of Appeals in the Bernstein case and the Sixth Circuit Court of Appeals in the Junger case ).

The president also has the power to nominate federal judges, including members of the United States courts of appeals and the Supreme Court of the United States.

On motion of the Amici Curiae, the court directed that a ruling be obtained from the Commissioner of Internal Revenue as to the federal income tax consequences of the Government's plan.

A flood of federal lower court injunctions seriously impeded the processes of local government.

In 1913 an abortive provision was made for the stay of federal injunction proceedings upon institution of state court test cases.

Its enforcement was enjoined by a federal trial court.

The Lincoln Mills decision authorizes a whole new body of federal `` common law '' which, as Mr. Justice Frankfurter pointed out in dissent, leads to one of the following `` incongruities '': `` ( ( 1 ) conflict in federal and state court interpretations of collective bargaining agreements ; ;

Congress has not clearly defined the bounds between state and federal court competence.

It would also probably mean different things within the same state -- depending upon what court ( state or federal ) rendered decision.

Litigants who choose to assert federal claims in a state court go into that court subject to its rules of procedure.

The charge that the federal indictment of three Chicago narcotics detail detectives `` is the product of rumor, combined with malice, and individual enmity '' on the part of the federal narcotics unit here was made yesterday in their conspiracy trial before Judge Joseph Sam Perry in federal District court.

For example, a criminal defendant may be convicted in state court, and lose on " direct appeal " to higher state appellate courts, and if unsuccessful, mount a " collateral " action such as filing for a writ of habeas corpus in the federal courts.

Similar to federal post-conviction relief, an appellant can petition the court to correct alleged fundamental errors that were not corrected on direct review.

In the U. S. federal court system, criminal defendants must file a notice of appeal within 10 days of the entry of either the judgment or the order being appealed, or the right to appeal is forfeited.

In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were.

In most U. S. states, and in U. S. federal courts, parties before the court are allowed one appeal as of right.

In the federal system, Federal Rule of Criminal Procedure 32 ( i )( 4 ) provides that the court must " address the defendant personally in order to permit the defendant to speak or present any information to mitigate the sentence.

* 1958 – A United States federal court rules that poet Ezra Pound be released from an insane asylum.

Arbor Day reached its height of popularity on its 125th anniversary in 1997, when David J. Wright, noticed that a Nebraska nonprofit organization called the National Arbor Day Foundation had taken the name of the holiday and commercialized it for their own use as a trademark for their publication " Arbor Day ," so he countered their efforts, launched a website, and trademarked it for " public use celebrations " and defended the matter in a federal district court in the United States to ensure it was judged as property of the public domain, the case was settled in October 1999.

The terms of the Artistic License 1. 0 were at issue in a 2007 federal district court decision in the US which was criticized by some for suggesting that FOSS-like licenses could only be enforced through contract law rather than through copyright law, in contexts where contract damages would be difficult to establish.

On appeal, a federal appellate court " determined that the terms of the Artistic License are enforceable copyright conditions ".

In 2005, a California federal court ruled that a group alleging that anthroposophy is a religion for Establishment Clause purposes did not provide any legally admissible evidence in support of this view ; the case is under appeal.

In Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, the Supreme Court heard arguments on November 1, 2005 and unanimously ruled in February 2006 that the U. S. federal government must allow the UDV to import and consume the tea for religious ceremonies under the 1993 Religious Freedom Restoration Act.

There are three ways a case can be heard in the Supreme Court: ( 1 ) filing directly in the Supreme Court ; ( 2 ) filing in a lower federal court, such as a district court, and appealing all the way up to the Supreme Court ; ( 3 ) filing in a state court, appealing all the way up through the state's highest courts, and then appealing to the Supreme Court on an issue of federal law.

Only actual cases and controversies may be heard by the federal courts ; the judicial power does not extend to cases which are hypothetical, or which are precluded because of problems with standing, mootness, or ripeness.

§ 1332 ), the amount in dispute in diversity cases must exceed $ 75, 000 USD in order for the case to be heard in federal court.

Appeals from the federal District Court are heard by the United States Court of Appeals for the Third Circuit, located in Philadelphia, Pennsylvania.

A federal judge heard the case and dismissed it in early 2012.

Article III, Section 2 of the United States Constitution grants original jurisdiction to U. S. federal courts over admiralty and maritime matters, however that jurisdiction is not exclusive and most maritime cases can be heard in either state or federal courts under the " saving to suitors " clause.

This ruling was upheld by the appeals court in Richmond, Virginia in 2000 and after the final appeal was declined to be heard by the U. S. Supreme Court, federal order of busing was ended in Charlotte-Mecklenburg and it was left in the hands of the city school board to decide how to redo the assignment policy for school attendance.

Conversely, a federal district court hearing a matter involving only a question of state law ( usually through diversity jurisdiction ) must apply the substantive law of the state in which the court sits, a result of the application of the Erie Doctrine ; however, at the same time, the case is heard under the Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure and the Federal Rules of Evidence instead of state procedural rules ( that is, the application of the Erie Doctrine only extends to a requirement that a federal court asserting diversity jurisdiction apply substantive state law, but not procedural state law, which may be different ).

When Watson sought an injunction against the postmaster, the federal judge who heard the case called his publication " poison " and denied his request.

Sitting alongside other superior court judges as part of a Court of Conference ( forerunner to the North Carolina Supreme Court ), Williams heard the landmark case, Bayard v. Singleton, which announced the principle of judicial review on the state level before Marbury v. Madison did so on the federal level.

The federal judge who heard the case during an earlier appeal said that " top decision makers in the executive branch " " have embarrassed our entire nation and each of us who is a citizen.

Judges of all other federal and provincial courts wear black gowns, sometimes adorned with various sashes and crests which depend on the level of court and the province in which the case is heard.

The case was scheduled to be heard in a California federal court in May 2008.

According to Brown II, all school desegregation cases had to be heard at the federal level if they reached a state's highest court.

Historian Howard Zinn wrote: " At the great Washington March of 1963, the chairman of the Student Non-Violent Coordinating Committee ( SNCC ), John Lewis, speaking to the same enormous crowd that heard Martin Luther King ’ s I Have a Dream speech, was prepared to ask the right question: ' Which side is the federal government on ?’ That sentence was eliminated from his speech by organizers of the March to avoid offending the Kennedy Administration.

Petitions for breach of law against decisions of the republic supreme courts were heard in the Supreme Court at the federal level.

* that Canadians will be able to be heard before federal courts in the official language of their choice ;

On June 26, 2008, federal judge Max Teitelbaum criticized John Gomery for having a preoccupation with the media spotlight that led him to give interviews he should have eschewed, making comments that indicated he judged issues before all evidence was heard, exhibited bias against Mr. Chrétien, and trivialized the inquiry proceedings.

Red Hammernut got infuriated every time he heard some pissy liberal refer to the federal farm bill as ‘ corporate welfare .’ The term implied contented idleness, and nobody worked harder than Red to keep the money flowing and to stay out of trouble.

With the population and geographical size of the United States, he warns that citizens “ will have very little acquaintance with those who may be chosen to represent them ; a great part of them will, probably, not know the characters of their own members, much less that of a majority of those who will compose the federal assembly ; they will consist of men, whose names they have never heard, and whose talents and regard for the public good, they are total strangers to .” He also sees danger in giving Congress the power to modify the election of its own members.