The primary difference for civil cases as opposed to criminal cases is the types of cases that can be heard in the federal system.
Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties. The plaintiff has the initial choice of bringing the case in state or federal court.
Note: the rules for diversity jurisdiction are much more complicated than explained here. Criminal cases may not be brought under diversity jurisdiction. States may only bring criminal prosecutions in state courts, and the federal government may only bring criminal prosecutions in federal court. Also important to note, the principle of double jeopardy — which does not allow a defendant to be tried twice for the same charge — does not apply between the federal and state government.
If, for example, the state brings a murder charge and does not get a conviction, it is possible for the federal government in some cases to file charges against the defendant if the act is also illegal under federal law. They may also be removed by impeachment by the House of Representatives and conviction by the Senate. Throughout history, fifteen federal judges have been impeached due to alleged wrongdoing.
One exception to the lifetime appointment is for magistrate judges, which are selected by district judges and serve a specified term. The district courts are the general trial courts of the federal court system. Each district court has at least one United States District Judge, appointed by the President and confirmed by the Senate for a life term. District courts handle trials within the federal court system — both civil and criminal.
The districts are the same as those for the U. Attorneys, and the U. Attorney is the primary prosecutor for the federal government in his or her respective area. There are over district court judges nationwide. Some tasks of the district court are given to federal magistrate judges.
The views expressed in this post are the author's own. Want to post on Patch? Register for a user account. Drew Cochran , Neighbor. Posted Wed, Jul 2, at pm ET. The District Court The district court is where a federal case begins. The Circuit Court Although there are only 13 circuit courts, they are actually systems that expand further than a single courtroom.
Find out what's happening in Annapolis with free, real-time updates from Patch. Let's go! The Differences Between District and Circuit Courts The most distinct differences between the district and circuit courts are as follows: Procedural rules.
Only district courts follow the Federal Rules of Civil Procedure. Each geographical area within the circuit courts may have its own procedural rules. Number of judges per case. Circuit courts have an appellate panel with three judges, whereas district courts have just a single judge.
The friend of the court The circuit court also has limited appellate powers. The judges in circuit courts are elected to six-year terms.
Some counties, including Kent County, have multiple district courts. District court judges are also elected to six-year terms. Joseph County — 3B District Court link to webpage Van Buren County — 7 th District Court link to webpage Probate Court The probate courts in Michigan handle the administration of estates, wills, trusts, the appointment of a guardian or conservator, some adoption related matters, treatment for the mentally ill, and registration of foreign births.
Probate judges are also elected to six-year terms.
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