/yoo-NY-ted STATES KORT of uh-PEELZ/·procedural term
Also known as:United States Courts of Appeals · U.S. Court of Appeals · U.S. Courts of Appeals · federal court of appeals
Written by attorneys · grounded in primary & secondary sources — see below
An intermediate federal appellate court established in each of the thirteen judicial circuits with authority to review decisions of district courts and certain specialized tribunals within its circuit.
Sources & Authorities
How it applies
Common Examples
6
Evidence Rules in Appellate Proceeding
Umar Usmani appealed an adverse evidentiary ruling from the district court to the United States Court of Appeals. The appellate panel applied the Federal Rules of Evidence to determine whether the trial court had properly admitted business records. Because the rules governed proceedings in the court of appeals, the panel reviewed the district court's application of the hearsay exception and affirmed the judgment.
Securities Fraud Class Certification
Umbra Technologies shareholders sued the company and its officers for misleading statements about merger talks. After the district court certified a class, the defendants appealed the materiality finding. The United States Court of Appeals reversed the certification order and remanded for further proceedings on the element of reliance.
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Statutes
Federal Rules
Dictionaries
Basic Inc. v. Levinson485 U.S. [224], at 238 1988
Temporary Taking Claim Review
Ulysses Usher's church sued the county after a flood-control ordinance barred all use of its land for several years. The district court dismissed the temporary taking claim. The United States Court of Appeals reversed, holding that the church could recover compensation for the period of total deprivation.
First English Evangelical Lutheran Church of Glendale v. County of Los Angeles482 U.S. 304, 107 S.Ct. 2378, 96 L.Ed.2d 250
State Law Defense in Diversity Case
Ursula Ung sued her employer in federal court under diversity jurisdiction for on-the-job injuries. The defendant raised a state workers' compensation exclusivity defense. The United States Court of Appeals reviewed the district court's application of state law and reversed the judgment for the plaintiff.
Byrd v. Blue Ridge Rural Electrical Cooperative, Inc.356 U.S. 525, 537–38 (1958)
Abortion Regulation Challenge
Una Ueda, a physician, challenged a state criminal statute restricting abortions. The district court declared the statute unconstitutional. The United States Court of Appeals affirmed the judgment and upheld the injunction against enforcement.
Roe v. Wade410 U.S. 113 (1973)
Same-Sex Marriage Recognition
Uriah Urban and his same-sex partner sued state officials after their out-of-state marriage was not recognized. The district court granted summary judgment for the plaintiffs. The United States Court of Appeals reversed, upholding the state's marriage definition.
Obergefell v. Hodges576 U.S. 644 (2015)
Common questions
Frequently Asked
4
Which courts does the Federal Rules of Evidence govern?+
The rules apply to proceedings in United States district courts, bankruptcy and magistrate judges, courts of appeals, the Court of Federal Claims, and the district courts of Guam, the Virgin Islands, and the Northern Mariana Islands.
When may the Federal Circuit hear an interlocutory appeal from an injunction order?+
The Federal Circuit may hear an appeal from an interlocutory order granting or denying an injunction in any case over which it would have jurisdiction of an appeal under section 1295.
Does a court of appeals have jurisdiction over an order that resolves only some claims?+
No. Appellate jurisdiction generally requires a final decision that ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.
What authority does the Federal Circuit have over a patent infringement judgment final except for an accounting?+
The Federal Circuit may hear an appeal from a judgment in a civil action for patent infringement that is final except for an accounting.
410 U.S. 113 (1973)Constitutional Law
…statute, from the court's grant of declaratory relief to Roe and Hallford. Both sides also have taken protective appeals to the United States Court of Appeals for the Fifth Circuit. That court ordered the appeals held in abeyance pending decision here. We postponed decision on jurisdiction to the hearing on the merits. 402 U. S. 941 (1971).…