The legal system in the US

The judicialsystem is one of the three branches of the US federal government. But the legal system operates at many levels, since as well as federal courts there are state, county and city courts.

The courts

Each type of court has its own jurisdiction,i.e. it deals with certain kinds of cases.Some courts hearonly criminalcases. Other courts are for civilcases, in which two people disagree over something. Cases are first heard in trial courts.The person accused in a criminal trial, and both sides involved in a civil trial, have the right to appealagainst the court's decision, and if they do the case goes to a court of appeals.

Some trial courts have limited jurisdiction.Many states, for example, have family courtswhere people get divorced, and small claims courtswhich hear cases involving small sums of money. States have trial courts of general jurisdictionwhich can hear a wider range of cases. These are often called courts of common pleas.State courts of appeals are called superior courtsor district courts,and most states have a supreme court.This is the highest court in the state and hears only the most serious appeals.

States have their own criminal code,but some crimes are federal offences,i.e. against federal law. Crimes may fall under federal jurisdictionif more than one state is involved, e.g. if cars are stolen in one state and then sold in another.

The highest court is the Supreme Courtin Washington, DC, which can hear almost any case on appeal. In fact, it hears only those cases that involve an important principle. When the Supreme Court decides such a case, it sets a precedentwhich lower courts will use to decide similar cases.

The people in a court

The most powerful person in court is the judge.Most courts have only one judge, but some higher courts have several. In the US Supreme Court, the nine judges are called justices,and the most senior is the Chief Justice of the United States.Many state judges are elected, but federal judges are appointed by the President.

The people on either side of a case are represented by lawyers,also called attorneys-at-law.In a criminal trial the defendant (=the person accused) is represented by a defense attorney.If he or she is too poor to pay a lawyer, the court will appoint a public defender.The prosecutionis led by an Assistant District Attorneyor, in a federal case, a federal attorney.In each county the people elect a District Attorney,who hires other attorneys. In a civil trial the defendant and the plaintiff (=the person who claims to have been wronged) pay their own attorneys. When only a small amount of money is involved people go to a court of common pleas and represent themselves.

Witnessesgo to court to testify (=tell what they know about the case). Sometimes one or both sides will pay expert witnesses.The bailiffcalls witnesses when it is their turn to come into the courtroom. The court reporterkeeps a record of everything that is said.

Date: 2015-12-24; view: 1157