The judicial system of the USA

Реферат.

 

Сontents

• Introduction to How the Judicial System Works
• The Federal Court System
• The Supreme Court of the United States
• Appeals Courts
• District Courts
• Special Courts
• Literature

 
 

 

Introduction to How the Judicial System Works

   The United States is renowned for having one of the most sophisticated judicial systems in the world. Every day thousands of people, including law enforcement officers, lawyers, judges, government officials and even accused criminals, take part in this system, hoping to settle disputes and work for justice. What makes this system even more remarkable is that it is able to operate successfully in a country as large and diverse as the United States. One of the keys to this success is a balanced and carefully ordered hierarchy: Several different federal courts control issues relating to federal law and each state has its own set of courts that can adapt to the needs of its people.

   The U.S. legal system is in part inherited from English common law and depends on an adversarial system of justice. In an adversarial system, litigants present their cases before a neutral party. The arguments expressed by each litigant (usually represented by lawyers) are supposed to allow the judge or jury to determine the truth about the conflict. Besides presenting written or oral arguments, evidence and testimony are collected by litigants and their lawyers and presented to the court.

 

The Federal Court System

     The Constitution grants Congress power to create and abolish federal courts, although the United States Supreme Court is the only court that cannot be abolished. Congress also has the authority to determine the number of judges in the federal judiciary system.

     In general, federal courts have jurisdiction over civil actions and criminal cases dealing with federal law. Jurisdiction can overlap, and certain cases which that may be heard in federal court can instead be heard in state court. Federal courts can only interpret the law in the context of deciding a dispute. A court cannot approach an issue on its own or in a hypothetical context.

     Federal judges, with a few exceptions, are appointed for life -- until they die, retire or resign. The Constitution calls for federal judges to act with “good behavior,” and they can be impeached for improper or criminal conduct. A strict code of conduct exists for federal judges, guiding their behavior.

     Each court also has its own staff of employees, including court reporters, clerks and assistants, who are vital to the operation of the court. A court’s primary administrative officer is the Clerk of the Court, who maintains records, is responsible for the court’s finances, provides support services, sends official notices and summons, administers the jury system and manages interpreters and court reporters.

     All courts have two types of jurisdiction: subject matter jurisdiction and personal jurisdiction. Subject matter jurisdiction concerns the area of law over which a court has authority.

     Federal courts can decide cases involving disputes under federal law, the U.S. government, conflicts between states or between the U.S. and foreign governments. The case has to raise a “federal question” in order to be heard in federal court. 
 

 

The Supreme Court of the United States

     The Supreme Court, which is the only court explicitly created by the Constitution, is the most powerful court in the United States. The Court has nine justices and its decisions cannot be appealed to any other court. For that reason, the Supreme Court is an incredibly powerful and important body, and a nomination of a new justice is an event that attracts significant media attention, debate and even controversy.

     Although Congress has the right to decide how many judges are on the Supreme Court, it can’t change the powers given to the Court by the Constitution. The Judiciary Act of 1789 established the Court with one chief justice and five associate justices. Between 1789 and 1869, the number of justices on the Court changed six times but has remained at nine (eight associate justices and one chief justice) since 1869.

     The Chief Justice is the “executive officer” of the Court but, like the other justices, has only one vote in deciding cases. In order to decide a case, six justices must vote and a simple majority is all that’s required. When a decision isn’t unanimous, the Court issues majority and minority (or dissenting) opinions. Justices often write separate concurring opinions if they agree with the majority but for different reasons.

 

Appeals Courts

     There are 12 regional Circuit Court of Appeals and one U.S. Court of Appeals for the Federal Circuit. Each court has the power to review decisions of district courts in its region. Appeals Courts, sometimes called appellate courts, can also review orders of independent regulatory agencies if a dispute remains after the agencies’ internal review processes have been exhausted.

Appeal Process

     A defendant who is found guilty by a criminal court can appeal the ruling to have the case heard by the Court of Appeals. Either side may appeal in a civil case. When the Court of Appeals hears a case, the person appealing the case, called the appellant, must show that the trial court made a legal error that affected the outcome of the case. Each side presents its argument in written documents called briefs to a panel of three judges. The court bases its decision on the record of the case and does not solicit new testimony or evidence. Some panels also allow for short oral arguments.

     The court’s decision is final unless the case is sent back to the trial court. Someone who loses in Appeals Court can petition for a writ of certiorari, an official request for the Supreme Court to review the case. The Supreme Court is not required to hear the case but generally will if multiple appellate courts have interpreted the law differently, if an important legal principle is at stake or if the case presents an issue relating to how the Constitution is interpreted. or if multiple appellate courts have interpreted the law differently.

The Court of Appeals for the Federal Circuit has national jurisdiction for appeals in specialized cases -- i.e. patent laws or cases decided by courts of special jurisdiction, the Court of International Trade and the Court of Federal Claims. 
 
 

District Courts

     One step below the Court of Appeals is the District Court. Each of the 94 districts has at least two judges; the biggest districts have 24 or more. Each district also has a U.S. bankruptcy court. District Courts are the trial courts of the federal system. Their criminal cases concern federal offenses, and their civil cases deal with matters of federal law or disputes between citizens of different states (remember subject matter jurisdiction). They’re also the only federal courts where grand juries indict the accused and juries decide the cases.

     Congress determines the court districts based on size, population and case load. Some states have their own district while New York, California and Texas each have four. Judges have to live in the district they serve -- the District of Columbia is the lone exception -- but a judge may temporarily sit in another district to help with a heavy case load.

     Magistrate Judges are appointed by District Judges to serve an eight-year term in a U.S. District Court. Part-time magistrates serve four-year terms. This system was started in 1968 to help District Courts with their caseloads. Both parties involved in a case have to agree to be heard by a Magistrate Judge instead of a District Judge. Magistrate Judges also conduct initial proceedings for cases such as issuing warrants, bail hearings, appointing attorneys and reviewing petitions and motions.

 

Special Courts

     Congress has the power to set up special “legislative courts” whose judges are appointed for life terms by the President and approved by the Senate. Today, there are two special trial courts with national jurisdiction.

     The U.S. Court of International Trade deals with cases involving international trade and customs. Previously called the United States Customs Court, the court was expanded and its name changed by the Customs Courts Act of 1980. The courtrooms and offices are in New York City, but the Court is also authorized to hold hearings in foreign countries. Appeals of its decisions can be taken to the U.S. Court of Appeals for the Federal Circuit and then to the Supreme Court. The judges of the Court of International Trade are sometimes assigned by the chief judge to preside over cases in other parts of the country and like other federal judges, they’re appointed for life.

     The U.S. Court of Federal Claims calls itself “the People’s Court” and deals with most claims for money damages against the U.S. government, disputes over federal contracts, unlawful seizure of private property by the government and other similar claims. The Court began in 1855 as a body that advised Congress on claims against the United States, but in 1863, it became a forum for citizens to file claims against the government. Sixteen judges sit on the Court, and each serves a 15-year term. 

Other Courts

• U.S. Court of Appeals for the Armed Forces
• U.S. Court of Appeals for Veterans Claims
• U.S. Tax Court
• U.S. Court of Military Appeals
• Military Courts of Review

 

Literature

• English for Lawyers
• English for Students of Law
• Howstuffworks
• Internet