Title 28 of the United States Code
Encyclopedia
Title 28 is the portion of the United States Code
(federal statutory law) that governs the federal judicial system.
It is divided into six parts:
.
.
: Federal Judicial Center
: United States Magistrate Judge
: Alternative Dispute Resolution
: Supreme Court
: Courts of Appeals
(also called circuit courts): District Courts
: [Omitted]: United States Court of Federal Claims
(hears non-tort monetary claims against the U.S. government): [Repealed] (United States Court of Customs and Patent Appeals
): Court of International Trade
: General Provisions Applicable to Court Officers and Employees: United States Sentencing Commission
and venue
.
and civil procedure
for the federal courts. The Supreme Court
, pursuant to the Rules Enabling Act
and upon recommendations from the Judicial Conference of the United States
, promulgates the more detailed Federal Rules of Civil Procedure
and Federal Rules of Criminal Procedure
: Special Habeas Corpus Procedures for Capital Cases: Injunction
s; Three-Judge Courts: Surface Transportation Board
Orders; Enforcement and Review: Orders of Federal Agencies; Review: Interpleader
: United States as Party Generally: Fines, Penalties
, and Forfeitures
: United States Court of Federal Claims
Procedure: [Repealed]: Court of International Trade Procedure: Tort
Claims Procedure: Attachment
in Postal Suits: [Repealed]: Federal Debt Collection Procedure
: Professional and Amateur Sports Protection
: Judicial Review
of Certain Actions by Presidential Offices: Assumption of Certain Contract
ual Obligations
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
(federal statutory law) that governs the federal judicial system.
It is divided into six parts:
- Part I: Organization of Courts
- Part II: Department of Justice
- Part III: Court Officers and Employees
- Part IV: Jurisdiction and Venue
- Part V: Procedure
- Part VI: Particular Proceedings
Part I—Organization of Courts
The part establishes United States federal courtsUnited States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
.
- Supreme CourtSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
- Includes provisions setting the number of justices at 9 and defining a quorumQuorumA quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
as any 6, setting the terms of court, and determining salaries: Courts of AppealsUnited States court of appealsThe United States courts of appeals are the intermediate appellate courts of the United States federal court system... - Includes provisions relating to the composition of circuitsCircuit (subnational entity)A circuit was a historical political division of China, and is still a Japanese one. In Korea, the same word is translated as "province".- China :...
, the creation, composition and terms of courts, and the selection and employment conditions of judges: District CourtsUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States... - Describes for each state the layout of districts, divisions etc; describes the creation and composition of courts and the selection and employment conditions of judges; provides for replacement of judges in cases of bias or prejudice: BankruptcyBankruptcy in the United StatesBankruptcy in the United States is governed under the United States Constitution which authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States." Congress has exercised this authority several times since 1801, most recently by adopting the Bankruptcy...
judges: United States Court of Federal ClaimsUnited States Court of Federal ClaimsThe United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. The court is established pursuant to Congress's authority under Article One of the United States Constitution...
: United States Court of Customs and Patent AppealsUnited States Court of Customs and Patent AppealsThe United States Court of Customs and Patent Appeals is a former United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes.-History:...
(repealed October 1, 1982): Court of International TradeUnited States Court of International TradeThe United States Court of International Trade is an Article III court, with full powers in law and equity. The Customs Court Act of 1980 replaced the old United States Customs Court with the United States Court of International Trade. The Court has nine sitting Judges, as well as Senior Judges...
: Assignment of judges to other courts: Conferences and councils of judges: Resignation and retirement of justices and judges: Distribution of reports and digests: General provisions applicable to courts and judges: Civil justice expense and delay reduction plans
- Includes provisions setting the number of justices at 9 and defining a quorum
Part II—Department of Justice
The part establishes the United States Department of JusticeUnited States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
.
- The Attorney GeneralUnited States Attorney GeneralThe United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
: Federal Bureau of InvestigationFederal Bureau of InvestigationThe Federal Bureau of Investigation is an agency of the United States Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency . The FBI has investigative jurisdiction over violations of more than 200 categories of federal crime...
: United States AttorneyUnited States AttorneyUnited States Attorneys represent the United States federal government in United States district court and United States court of appeals. There are 93 U.S. Attorneys stationed throughout the United States, Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands...
s: United States Marshals ServiceUnited States Marshals ServiceThe United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...
: United States TrusteesUnited States Trustee ProgramThe United States Trustee Program is an agency of the United States Department of Justice that is responsible for overseeing the administration of bankruptcy cases and private trustees. The applicable federal law is found at 28 U.S.C. § 586 and 11 U.S.C. , et seq.In addition to the twenty-one...
: Independent CounselUnited States Office of the Independent CounselUnited States Office of the Independent Counsel was an independent prosecutor — distinct from the Attorney General of the United States Department of Justice — that provided reports to the Congress under . The office was terminated in 1999 and replaced by the U.S...
: Bureau of Alcohol, Tobacco, Firearms and ExplosivesBureau of Alcohol, Tobacco, Firearms and ExplosivesThe Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
Part III—Court Officers and Employees
: Administrative Office of United States CourtsAdministrative Office of the United States Courts
The Administrative Office of the United States Courts is the administrative agency of the United States federal court system. It was established in 1939.The AO is the central support entity for the federal judicial branch...
: Federal Judicial Center
Federal Judicial Center
The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by an Act of Congress in 1967, at the recommendation of the Judicial Conference of the United States....
: United States Magistrate Judge
United States magistrate judge
In the United States federal courts, magistrate judges are appointed to assist United States district court judges in the performance of their duties...
: Alternative Dispute Resolution
Alternative dispute resolution
Alternative Dispute Resolution includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. ADR basically is an alternative to a formal court hearing or litigation...
: Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
: Courts of Appeals
United States court of appeals
The United States courts of appeals are the intermediate appellate courts of the United States federal court system...
(also called circuit courts): District Courts
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
: [Omitted]: United States Court of Federal Claims
United States Court of Federal Claims
The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. The court is established pursuant to Congress's authority under Article One of the United States Constitution...
(hears non-tort monetary claims against the U.S. government): [Repealed] (United States Court of Customs and Patent Appeals
United States Court of Customs and Patent Appeals
The United States Court of Customs and Patent Appeals is a former United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes.-History:...
): Court of International Trade
United States Court of International Trade
The United States Court of International Trade is an Article III court, with full powers in law and equity. The Customs Court Act of 1980 replaced the old United States Customs Court with the United States Court of International Trade. The Court has nine sitting Judges, as well as Senior Judges...
: General Provisions Applicable to Court Officers and Employees: United States Sentencing Commission
United States Sentencing Commission
The United States Sentencing Commission is an independent agency of the judicial branch of the federal government of the United States. It is responsible for articulating the sentencing guidelines for the United States federal courts...
Part IV—Jurisdiction and Venue
This part deals with jurisdictionJurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
and venue
Venue (law)
Venue is the location where a case is heard. In the United States, the venue is either a county or a district or division . Venue deals with locality of a lawsuit--that is, in which locale a lawsuit may be filed or commenced...
.
- Supreme CourtSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
: Courts of AppealsUnited States court of appealsThe United States courts of appeals are the intermediate appellate courts of the United States federal court system...
: District CourtsUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
; JurisdictionJurisdictionJurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
: District CourtsUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
; VenueVenue (law)Venue is the location where a case is heard. In the United States, the venue is either a county or a district or division . Venue deals with locality of a lawsuit--that is, in which locale a lawsuit may be filed or commenced...
: District CourtsUnited States district courtThe United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
; Removal of CasesRemoval jurisdictionIn the United States, removal jurisdiction refers to the right of a defendant to move a lawsuit filed in state court to the federal district court for the federal judicial district in which the state court sits. This is a general exception to the usual American rule giving the plaintiff the right...
from State Courts: [Omitted]: United States Court of Federal ClaimsUnited States Court of Federal ClaimsThe United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. The court is established pursuant to Congress's authority under Article One of the United States Constitution...
: [Repealed] (United States Court of Customs and Patent AppealsUnited States Court of Customs and Patent AppealsThe United States Court of Customs and Patent Appeals is a former United States federal court which existed from 1909 to 1982 and had jurisdiction over certain types of civil disputes.-History:...
): Court of International TradeUnited States Court of International TradeThe United States Court of International Trade is an Article III court, with full powers in law and equity. The Customs Court Act of 1980 replaced the old United States Customs Court with the United States Court of International Trade. The Court has nine sitting Judges, as well as Senior Judges...
: Jurisdictional Immunities of Foreign States: General Provisions
Part V—Procedure
This part establishes criminal procedureCriminal procedure
Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.-Basic rights:Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the...
and civil procedure
Civil procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits...
for the federal courts. The Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, pursuant to the Rules Enabling Act
Rules Enabling Act
The Rules Enabling Act is an Act of Congress that gave the judicial branch the power to promulgate the Federal Rules of Civil Procedure. Amendments to the Act allowed for the creation of the Federal Rules of Criminal Procedure and other procedural court rules...
and upon recommendations from the Judicial Conference of the United States
Judicial Conference of the United States
The Judicial Conference of the United States, formerly known as Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial courts in the United States...
, promulgates the more detailed Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
and Federal Rules of Criminal Procedure
Federal Rules of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts, the general trial courts of the U.S. government. As such, they are the companion to the Federal Rules of Civil Procedure...
- General Provisions: Process: Class Actions: EvidenceEvidence (law)The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
; DocumentaryDocumentary evidenceDocumentary evidence is any evidence introduced at a trial in the form of documents. Although this term is most widely understood to mean writings on paper , the term actually include any media by which information can be preserved...
: EvidenceEvidence (law)The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
; DepositionsDeposition (law)In the law of the United States, a deposition is the out-of-court oral testimony of a witness that is reduced to writing for later use in court or for discovery purposes. It is commonly used in litigation in the United States and Canada and is almost always conducted outside of court by the...
: EvidenceEvidence (law)The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
; WitnessWitnessA witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es: JuriesJuryA jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
; Trial by JuryJury trialA jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
: Fees and CostsCourt costsCourt costs are the costs of handling a case, which, depending on legal rules, may or may not include the costs of the various parties in a lawsuit in addition to the costs of the court itself. Court costs can reach very high amounts, often far beyond the actual monetary worth of a case...
: Pending Actions and Judgments: ExecutionsWrit of executionA writ of execution is a court order granted in an attempt to satisfy a monetary judgment obtained by a plaintiff. When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor...
and Judicial Sales: Money Paid into Court: Rules of Court: Review—Miscellaneous Provisions
Part VI—Particular Proceedings
: Declaratory Judgments: Habeas CorpusHabeas corpus in the United States
Habeas corpus , Latin for "you [shall] have the body," is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment...
: Special Habeas Corpus Procedures for Capital Cases: Injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
s; Three-Judge Courts: Surface Transportation Board
Surface Transportation Board
The Surface Transportation Board of the United States is a bipartisan, decisionally-independent adjudicatory body organizationally housed within the U.S. Department of Transportation. The STB was established in 1996 to assume some of the regulatory functions that had been administered by the...
Orders; Enforcement and Review: Orders of Federal Agencies; Review: Interpleader
Interpleader
Interpleader is a form of action originally developed under equity jurisprudence. It allows a plaintiff to initiate a lawsuit in order to compel two or more other parties to litigate a dispute. An interpleader action originates when the plaintiff holds property on behalf of another, but does not...
: United States as Party Generally: Fines, Penalties
Sanctions (law)
Sanctions are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations. Criminal sanctions can take the form of serious punishment, such as corporal or capital punishment, incarceration, or severe fines...
, and Forfeitures
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
: United States Court of Federal Claims
United States Court of Federal Claims
The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. The court is established pursuant to Congress's authority under Article One of the United States Constitution...
Procedure: [Repealed]: Court of International Trade Procedure: Tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
Claims Procedure: Attachment
Attachment (law)
Attachment is a legal process by which a court of law, at the request of a creditor, designates specific property owned by the debtor to be transferred to the creditor, or sold for the benefit of the creditor. A wide variety of legal mechanisms are employed by debtors to prevent the attachment of...
in Postal Suits: [Repealed]: Federal Debt Collection Procedure
Federal Debt Collection Procedure Act
The Federal Debt Collection Procedure Act is a United States federal law passed in 1990, affecting money owed to the United States government....
: Professional and Amateur Sports Protection
Professional and Amateur Sports Protection Act of 1992
The Professional and Amateur Sports Protection Act of 1992 , also known as the "Bradley Act," attempts to define the legal status of sports betting throughout the United States. This act effectively outlawed sports betting nationwide, excluding a few states....
: Judicial Review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
of Certain Actions by Presidential Offices: Assumption of Certain Contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
ual Obligations
External links
- U.S. Code Title 28, via United States Government Printing OfficeUnited States Government Printing OfficeThe United States Government Printing Office is an agency of the legislative branch of the United States federal government. The office prints documents produced by and for the federal government, including the Supreme Court, the Congress, the Executive Office of the President, executive...
- Text of Title 28 of the U.S. Code at Cornell's Legal Information Institute