THE COURT SYSTEM

The judicial power of the United States is the third branch of the Federal Government. It consists of a system of courts spread throughout the country and is headed by the Supreme Court of the United States. The Constitution says: "The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ... establish". With this in mind, the first Congress divided the country into districts and created federal courts for each district.

Since that time the following federal court structure has been established in the United States: the Supreme Court, 11 Courts of Appeals and 95 district courts. The Congress has the authority to create and abolish federal courts, as well as to determine the number of judges in the federal judicial system. However, the Congress cannot abolish the Supreme Court.

All the courts are independent. The federal judges are appointed by the President for life, in practice, until they die, retire or resign. They can be removed from office only for misconduct and after trial in the Congress.

Federal courts have judicial power over cases arising out of the Constitution, laws and treaties of the United States, maritime cases, cases dealing with foreign citizens or governments and cases arising between states. Usually federal courts do not hear cases arising out of the laws of individual states.

In addition to federal courts, each state has its own judicial system, including its own Supreme Court. This means, that the United States has two distinct systems of law, state and federal. As a matter of fact, the country has 51 sets of courts (in fifty states and the District of Columbia). As a result the United States has the most complex judicial system in the world.

The federal and state courts have the power to declare legislative acts unconstitutional, that is in violation of the Constitution. By Constitution the courts have the power to hear and decide the two classes of cases — criminal and civil.

The Supreme Court. The Supreme Court of the United States meets in the Supreme Court Building in Washington, D.C

The Supreme Court is the highest court in the country and the head of the judicial branch of the US Government. It consists of a Chief Justice and eight associate Justices. The Court meets on the first Monday of October each year and continues its session until June.

One of the most important duties of the Supreme Court Justices is to decide whether laws passed by the Congress agree with the Constitution. The Justices do this by interpreting and explaining the laws of Congress and the provisions of the Constitution. If the Supreme Court decides that the Constitution does not give Congress the power to pass a certain law, the Court will declare that law to be unconstitutional. Such a law will never come into force.

Most of the cases heard by the Supreme Court are on appeal from lower federal courts. The number of cases decided at an annual session is about 150.

Decisions of the Court are taken by a simple majority. The legal quorum of Justices, participating in the decision, is six (out of nine).

Courts of appeals. Immediately below the Supreme Court stand the courts of appeals. They make up the second highest level of the federal judiciary. The United States is divided into 11 separate regions, each of them being served by a court of appeals. The courts of appeals were established to hear most of the appeals growing out of district court actions. Only the Supreme Court reviews the decisions of the appeals courts.

District courts. Below the courts of appeals are the district courts. The Congress fixes the borders of the districts according to the population, size and volume of work.

Each of the district courts has from one to twenty-seven judges, depending on the volume of cases. Sometimes one judge serves two or more districts. A small state may itself constitute a district. District judges must live in the district, or one of the districts, for which they are appointed. Court is usually held at regular intervals in various cities within each district.

Most cases start in district courts. Cases begun in state courts are occasionally transferred to them. Almost all accused of committing federal crimes are tried in the district courts.

Special courts. The Constitution gives Congress the authority to establish other courts and to increase or decrease their number, as the need may arise. In addition to the federal courts of general jurisdiction, it has been necessary from time to time to set up courts for special purposes. Judges in these courts like in other federal courts are appointed for life terms by the President.

One of the most important of these special courts is the Court of Claims. It deals with monetary claims against the Federal Government. Usually claims are for unpaid salary, property taken for public use, contractual obligations, and personal injuries for which the Federal Government is allegedly responsible.

Another important special court is the Customs Court, which has exclusive jurisdiction over cases, connected with taxes or quotas on imported goods.

Comprehension___________________________________________________

I. Match the phrases in English with their Russian equivalents. Find the sentences with them in the text and read them out.

II. Answer the following questions. Give extensive answers.

1. What is the judicial branch of power of the USA represented by?

2. What sort of court system is there in the United States?

3. What are the powers of federal and state courts?

4. How long can a federal judge hold office?

5. What is the highest court of the country?

6. Where does the Supreme Court of the United States meet?

7. When is the Supreme Court in session?

8. What is one of the most important duties of the Supreme Court?

9. What is the chief function of the Appeals Courts?

10. What is the role of the district courts?

11. What are the functions of special courts?

III. Read the sentences and say if they are true or false. Correct the false ones.

1. The judicial branch consists of a system of courts spread throughout the country and is headed by the Supreme Court of the United States.

2. The Congress has the authority to create and abolish federal courts, as well as to determine the number of judges in the federal judicial system.

3. The following federal court structure has been established in the United States: the Supreme Court, 11 Courts of Appeals and 95 district courts.

4. The federal judges are appointed by the Congress for life, in practice, until they die, retire or resign.

5. The Supreme Court consists of a Chief Justice and nine associate Justices.

6. Usually federal courts hear cases arising out of the laws of individual states.

7. Most of the cases heard by the Supreme Court are on appeal from lower federal courts.

8. Each state has at least two distinct courts.

9. Usually claims are for unpaid salary, property taken for public use, contractual obligations, and personal injuries for which the Federal Government is allegedly responsible.

10. Another important special court is the Customs Court, which has exclusive jurisdiction over cases, connected with monetary problems.

UNIT VII. THE STATE AND LOCAL GOVERNMENT

Date: 2015-02-03; view: 4160