Legal and Ethical Issues In Healthcare

Overview of the Federal Court

System Dr. Barbara Cohen, PhD, JD, RN

Federal Court System

• Supreme Court – Highest Court

• Courts of Appeal – Intermediate Level

• District Courts – Lowest Level

District Courts

•  Lowest level in the Federal Court System

•  94 judicial districts in 50 states and territories

•  No appellate jurisdic on – no appeals are heard here

•  Original jurisdic on over most cases – this is where cases are

ini ally heard, where first trials will take place.

•  Examples of District Courts:

•  Eastern District of New York – in Long Island and Brooklyn

•  Southern District of New York – in Lower Manha an

•  US District Court for the District of New Jersey (Newark, Trenton

and Camden)

Courts of Appeal

•  Intermediate Level in the Federal Court System

•  12 regional circuit courts including the D.C. circuit

•  No original jurisdic on – appeals only

•  This court does not try cases from the beginning of the case. These

courts hear appeals from the (trial) District Courts.

•  Examples of Courts of Appeals

•  1st Circuit Court of Appeals – Maine, New Hampshire, Puerto

Rico, Massachuse s and Rhode Island

•  2nd Circuit Court of Appeals – New York, Connec cut and

Vermont

•  3rd Circuit Court of Appeals – New Jersey, Parts of Pennsylvania,

and Delaware

Supreme Court of The United States

(SCOTUS)

•  The Supreme Court is the highest court in the land.

•  9 Jus ces (with the Honorable Jus ce Neil Gorsuch recently filling Jus ce Antonin Scalia’s seat a er Jus ce Scalia’s death.

•  Note that Supreme Court appointments are for LIFE. This is to ensure that there is no undue influence on a jus ce for fear of losing his or her posi on.

•  The Supreme Court has appeals jurisdic on through the cer orari process (Cases are appealed to the Supreme Court and permission is requested for a hearing. Not all cases are heard.)

•  The Supreme Court has limited original jurisdic on of cases between states, between a state and a foreign government and in suits against a foreign ambassador or ministry so as to provide an unbiased court in which to hear these ma ers.

Specialty Courts

•  There are quite a few specialty courts in the Federal

Court system in which technical, complex knowledge of

smaller special es is required.

•  Examples of specialty courts are:

•  Bankruptcy Court

•  Admiralty Court/Mari me Court

•  Tax Court

•  Court of Federal Claims

•  Court of Interna onal Tarde

•  Court of Appeals for the Armed Forces

•  Court of Appeals for Veterans Claims