THE SYSTEM OF COURTS IN THE UNITED STATES

The judiciary is the third branch of the U.S federal government and its task is said to be to interpret the law that has been made by the legislature (and perhaps by the administrative branch).

The judicial system of the U.S. is a dual court structure consisting of federal and state courts. There are a total of 52 court systems: one for each state, one for the District of Columbia, and the federal system. This structure is mandated by the U.S. Constitution, which divides power between federal and state governments.

State courts are established in each state under the authority of the state government. Each state is free to determine its own particular kind of court structure, under its own constitution and laws, as long as the courts operate within the limit of the U.S. Constitution.

Basically, the courts of the U.S. are divided into three layers:

- “limited” or “general jurisdiction” courts, where cases start;

- “intermediate” (appellate) courts, where appeals are first heard;

- “supreme” courts which have final judicial authority.

The court systems are thus organized as hierarchies. Higher courts have the power to review the work of lower courts.

The highest tribunal in the U.S. is the Supreme Court. It is the only court created by the U.S. Constitution, the only tribunal specifically required by the Constitution. Congress is empowered but not required by the Constitution to create, or abolish, any other federal court.

The primary function of the Supreme Court is to review decisions of the U.S. courts of appeals and, in some instances, of the highest state courts or other tribunals. But, under Article III of the Constitution, the Supreme Court does have limited original jurisdiction (i.e. it is the court in which proceedings may be brought in the first instance). It has original jurisdiction in all cases that affect ambassadors, other public ministers and consuls, or in which a state is a party. In all other cases coming within the judicial power of the U.S., the Supreme Court’s jurisdiction is only appellate.

As a co-equal institution with the presidency and Congress, the Court provides a vital function. The Court must interpret and apply the Constitution to cases involving the other branches of government and the states. The Supreme Court decides whether actions of the executive branch, Congress, the states, and the lower courts are in accord with the Constitution, in order to assure that rights guaranteed to the people by the fundamental law are not abridged.

The Supreme Court consists of a Chief Justice and eight Associate Justices. They are all appointed by the President with the advice and consent of the United States Senate.

Six Justices of the Court are necessary to constitute a quorum (the number required to be present to render a decision). It requires the votes of four justices to grant full review of a case.

The justices of the Supreme Court and other federal judges sit for life but may retire at age 70 with full pay.

Besides the U.S. Supreme Court there are various other Federal Courts, including the district courts (trial courts) and courts of appeals (intermediate appellate courts). The U.S. district courts are the principal trial courts in the federal system. There are 98 federal judicial districts in the country. Each state contains at least one federal district. About half of states contain only one federal district, but many have two or three districts, and California, Texas, and New York have four districts each. Each district has from one to twenty seven judges, depending on the volume of cases that must be decided. Congress has authorized 629 U.S. district judges. The district judge conducts all federal trials, civil and criminal.

U.S. district courts are limited in the types of cases they can decide, i.e. their subject-matter jurisdiction is limited, and it is explicitly conferred by federal statutes.

The subject-matter jurisdiction of U.S. district courts extends to cases

a. In which the U.S. is a party

b. That involve a federal question

c. That involve diversity of citizenship

The District Courts are the courts of original jurisdiction. That is, they collect the facts, and they are federal courts where trials are held, juries are used, and witnesses are called. Criminal cases are tried by a judge sitting with a jury whose duty is to hear the evidence, the speeches of prosecuting and defending counsel, the remarks of the judge and reach a unanimous decision as to whether the accused is guilty or not of the crime he is charged with (of crime charged to him). (Under the common law, a trial jury must consist of twelve persons and their decision must be unanimous. The national government and many states authorize trial by less that twelve in certain cases and a decision by less than a unanimous vote. Generally the jury is to judge of the facts, though some states permit the jury to determine the law and the punishment as well as the facts).

In addition to the district courts, there are a few specialized trial courts in the federal system:

- Bankruptcy proceedings filed in the district courts may be referred to federal bankruptcy judges for hearing and decision. There are 326 such judges, who in a recent year received just under one million bankruptcy petitions.

- The Unites States Court of International Trade primarily handles cases involving international trade and customs duties. This court consists of nine judges.

- The United States Court of Federal Claims consists of 16 judges. It hears cases in which an individual citizen or corporation sues the United States government.

- The United States Tax Court decides controversies between taxpayers and the Internal Revenue Service. It is comprised of 19 judges.

In addition, there are also military “courts – martial”. These military courts are administered by the armed services and are not part of the civilian court system.

A party who loses at the trial level may wish to appeal. Nobody can appeal a “not guilty” verdict in a criminal case and obtain a conviction of the defendant, but a defendant in a criminal case can generally appeal a guilty verdict. The parties may appeal the decision either on the ground that the court made an error in concluding the trial, or on the ground that the law is unconstitutional. The appeals go up to the middle layer of Federal courts, the (Circuit) Courts of Appeals.

The Courts of Appeals generally comprises three judges. The Chief Justice and associate justices of the Supreme Court are authorized to assign additional court judges to such courts as may need them.

A Court of Appeals accepts the facts sent up to it by the lower courts, and therefore does not need a jury. Its work is to decide on disputed questions of law. As a rule the Court of Appeals sits with three judges together on the bench. This court’s principal duty is to protect the Supreme Court from routine cases of no political importance. Its decision may be so clear and well grounded that the Supreme Court will refuse to go into the question further, in which case the Court of Appeals has stated the supreme law of the land, at least for the exact circumstances of that case.

Date: 2015-12-24; view: 1335