The #american #Judicial_System
The American judicial system
There are two types of courts in the United States. They are state courts and federal courts.
1. The State Courts System
State courts are courts of "general jurisdiction". They hear all the cases not specifically selected for federal courts. Just as the federal courts interpret federal laws, state courts interpret state laws.
The structure of the state court system closely resembles that of the federal court system, consisting mainly of three levels: trial courts, state appellate courts, and a state Supreme Court.
About 90% of all the cases heard in the American court system happen at the state level include:
A crime that is a violation of state law.
A controversy arising out of the state constitution or other state laws.
A case in which the state is a party, such as state tax violations.
All family, divorce, custody, inheritance and probate cases.
Most traffic and juvenile cases.
2. Federal Court System
The Federal court system is organized into three levels: the trial level courts are the United States District Courts; the first level court of appeal is the United States Court of Appeals; and the supreme court of the United States is the ultimate decision-maker. Throughout the nation, there are 94 district courts, 13 circuit courts, and one Supreme Court.
A. The District courts
District courts are the primary trial courts within the federal court system, responsible for presiding over both civil and criminal trials. Each district is guaranteed at least one United States District Judge, who is appointed by the President and confirmed by the Senate to serve a lifetime term. These judges play a crucial role in the federal court system, ensuring the fair and impartial administration of justice.
In addition to their trial duties, district courts also share responsibilities with U.S. Attorneys. The U.S. Attorney, appointed by the President and confirmed by the Senate, serves as the principal prosecutor for the federal government in their respective district. This collaboration ensures the effective enforcement of federal laws and the protection of public interest.
Nationwide, there are more than 670 district court judges who serve for a term of eight years if they work full-time, and four years if they work part-time. These judges possess extensive legal knowledge and experience, enabling them to make informed decisions and uphold the principles of justice.
Magistrates, on the other hand, play a vital role in assisting district courts. They oversee specific cases, issue search warrants and arrest warrants, conduct initial hearings, set bail, and make decisions on various motions. Their contributions help streamline the judicial process and ensure the efficient functioning of the federal court system.
Federal trial courts, including district courts, have jurisdiction over specific subject areas such as bankruptcy, tax, claims against the federal government, and international trade. This specialization allows for a more focused and nuanced approach to resolving legal disputes in these particular domains.
Overall, district courts serve as the backbone of the federal court system, providing a forum for the resolution of both civil and criminal cases. Through the dedication and expertise of district court judges and magistrates, justice is upheld and the rule of law is maintained in the United States.
B. Circuit Courts
The decision made by the federal district court can be challenged by appealing to higher judicial authorities in the United States. The country is divided into twelve federal circuits, each covering a different region. The Federal Circuit Court of Appeals has jurisdiction over specific issues like patents on a nationwide level. Once a decision is made by the district court, any party involved in the case can appeal to the circuit court. Appeals to the circuit court are initially heard by a panel of three circuit court judges. In rare cases, the entire circuit court may review certain appeals through an "en banc hearing." En banc opinions are significant and are typically only made after the panel has already reviewed the case. The panel has the authority to suggest that the circuit court reconsiders the initial decision.
C. Supreme Court
The Supreme Court of the United States is the highest court in the country and has the power to review appeals from cases heard in federal or state courts involving federal law. If a First Amendment freedom of speech case has already been decided by the state's highest court, it can be appealed to the federal Supreme Court. This rule applies to all such appeals.
,,,,
The American Judicial System
Теги
international lawyerinternational law lectureinternational law explainedinternational law courseinternational lawyers day in the lifeinternational law crash courseinternational law studentinternational law lecture harvardinternational law and municipal lawinternational law degreeinternational law and human rightsinternational law and justiceinternational law and diplomacyinternational law and international relationsinternational law and organization