Examine the charts and read the text.

Federal Judicial System

State Judicial System

A very large number of civil and criminal cases are handled annually by the courts. Most are determined at state and local (rather than federal) levels. Americans have a constitutional right to have their cases quickly determined in a public trial by an impartial judge or jury (a selected number of citizens who decide the facts in court cases). The only court specially mentioned by the Constitution is the US Supreme Court. The Constitution, written in 1787, created a third branch of government, the independent federal judiciary: 'The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish'.

The Judiciary Act (1789) created new federal courts, which now have two roles. They interpret the meaning of laws and administrative acts (statutory construction) and examine any law or administrative action by national or state authorities in the light of the US Constitution (judicial review).

The whole country and authority were divided between state and federal courts. The states still had their own courts, common law, constitutions and statutes and had jurisdiction over state law. But if a state court decision violated federal laws, or involved a federal question, the US Supreme Court could ultimately review and overturn it. Some federal and state matters may thus proceed from local courts to the Supreme Court and federal laws and the Constitution have (in theory) a uniform application throughout the country.

The independence and status of the judiciary were strengthened over time. It is now regarded as an essential safeguard against abuse by the executive and legislative branches.

Federal courts deal with cases which arise under the US Constitution or federal law and any disputes involving the federal government. They also hear matters involving governments or citizens of different states and thus play a part in state law. If a case in the highest state court of appeal involves a federal question it can be appealed ultimately to the US Supreme Court. Criminal action under federal jurisdiction includes such cases as treason, destruction of government property, counterfeiting, hijacking and narcotic violations. Civil cases include violations of other people s rights such as damaging property, violating a contract or making libelous statements. If found guilty a person may be required to pay a certain amount of money called damages but he or she is never sent to prison. A convicted criminal on the other hand may be imprisoned.

Today the fame and influence of the Supreme Court result from its power of judicial review - the right to decide if congressional, presidential and state’s acts are in accordance with the Constitution and to declare them void if it deems they are not. The Court claimed the right of judicial review by stages and won gradual acceptance for its practice between 1796 and 1865. The Court’s review power maintains the supremacy of federal law and a uniform interpretation of the Constitution from state to state.

A case involving federal jurisdiction is heard first before a federal district judge. An appeal may be made to the US Court of Appeals and, in the last resort, to the US Supreme Court.

Most federal cases begin and are settled in the lower US District Courts and only minorities of cases are appealed. There are 95 five district courts in the US (with states having at least one court). They are trial courts in which a judge or a jury decides each case. Most citizens involved in federal litigation only have dealings with the District Courts.

They try cases involving breaches of federal criminal law. Such as bank robbery, drug dealing, kidnapping, currency fraud and assassination. But most of the work of the District Courts is in areas of civil law such as taxation, civil rights, administrative regulations, disputes between states and bankruptcy.

The US Courts of Appeals system consists of twelve courts sitting in each of the judicial circuits into which the US divided. These courts (with from three to live judges) mainly hear appeals from decisions of the US District Courts within the circuits. Most of their decisions are final and set a precedent for future similar cases.

The US Supreme Court in Washington DC comprises a Chief Justice and eight Associate Justices assisted by law clerks. It has jurisdiction in national/federal matters. But its main role is that of an appeal court and it hears cases from lower federal and state courts. These appeals usually involve constitutional issues questions of federal law and conflicts between two or more of the states.

The Court has authority to review any executive and legislative action or law passed by any level of government (if challenged in a court case) and can declare it unconstitutional after judging its compatibility with the Constitution Although not explicitly given this power of judicial review by the Constitution the Supreme Court has developed such jurisdiction. It enables the Court to profoundly influence many aspects of American life.

The Judiciary has a range of functions and duties. It enforces the legitimate laws of the legislative and executive branches of government. But it all protects citizens against arbitrary acts by either executive or legislature. Judicial review gives the judiciary a crucial authority and judges’ freedom from control by the other branches of government means that they are theoretically ‘above politics’. This enables the courts to follow relatively independent courses of action.

Task 1. Answer the questions:

1) What is the role of the American Constitution in establishing the judicial branch?

2) How do you understand the following saying “authority is divided between state and federal (national) courts”?

3) Is the US Court System pyramidal in its organization?

4) What is the highest court in the USA?

5) What cases do federal courts handle?

6) Do the states have rights and authorities beyond the power of the national government?

7) Which US courts have review of right?

Date: 2015-12-17; view: 1019