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The Howard T. Markey National Courts Building in Washington, D.C., in which the Federal Circuit is located. The Federal Circuit is unique among the courts of appeals in that its jurisdiction is based wholly upon subject matter, not geographic location. The Federal Circuit is an appellate court with jurisdiction generally given in 28 U.S.C. § 1295.
For three of these sets of courts, appeals can be taken either by the taxpayer or the IRS to one of the eleven regionally-based U.S. courts of appeals or the United States Court of Appeals for the D.C. Circuit. For the Court of Federal Claims, appeals are to the Court of Appeals for the Federal Circuit, a specialized appeals court, but one with ...
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.
The Federal Appendix. The Federal Appendix was a case law reporter published by West Publishing from 2001 to 2021. It collected judicial opinions of the United States courts of appeals that were not expressly selected or designated for publication. Such "unpublished" cases are ostensibly without value as precedent.
The per curiam practices of the individual United States Courts of Appeals vary by judicial circuit. The Second Circuit , for instance, issues its nonprecedential decisions as "summary orders" that do not designate an author but are also not labeled as per curiam opinions; occasionally, the court will issue precedential decisions with a per ...
Unpublished" federal appellate decisions are published in the Federal Appendix. From 2000 to 2008, the U.S. Court of Appeals for the 4th Circuit had the highest rate of non-publication (92%), and more than 85% of the decisions in the 3rd Circuit, 5th Circuit, 9th Circuit, and 11th Circuit went unpublished. [6]
Appeals from the Court of Federal Claims are taken to the United States Court of Appeals for the Federal Circuit and a judgment there is conclusive unless reviewed by the Supreme Court on writ of certiorari. Decisions of the Court of Claims are binding precedent on both its appellate and trial court successors.
There are 13 circuit courts of appeals in the United States; a U.S. court of appeals only binds courts in their circuit. In United States federal courts, a circuit split, also known as a split of authority or split in authority, occurs when two or more different circuit courts of appeals provide conflicting rulings on the same legal issue. [1]