The US Court System

1. The judicial system of the United States is of two kinds. It consists of the Federal Courts deriving their powers from Congress, and the Courts of the 50 states provided by the legislatures of the States. Federal jurisdiction is invoked in disputes concerning the US Constitution, federal laws, conflicts between states and civil suits involving citizens of different states. State courts determine almost all questions concerning wills, crimes, contracts, personal injuries and domestic relations. In some instances both federal and state courts have jurisdiction, this situation is known as concurrent jurisdiction.

2. The Federal Courts are Federal District Courts, Courts of Appeals, a number of special courts and the Supreme Court of the USA. The judges of the Federal Courts are appointed by the President with the consent of the Senate for life. At the lowest level of the Federal court system there are about ninety District Courts. Federal District Courts are trial courts where trials are held, the jury is used and witnesses are examined, but they may also receive appeals from state courts if constitutional questions are involved. Each state has at least one district court; a few have as many as four.

3. The USA is divided into thirteen judicial circuits and each one is served with a Federal Court of Appeals. Each judicial circuit comprises several states. A Court of Appeals consists of three or more judges. The Courts of Appeals are given only appellate jurisdiction, they review the proceedings of the trial courts and determine whether the trial court decision should be affirmed or reversed.

4. The Supreme Court is the highest tribunal in the United States. It includes the Chief Justice and eight Associate Justices. The Supreme Court has the right to declare unconstitutional any law passed by Congress or any order issued by the President. Under the Constitution the Supreme Court has original jurisdiction (as the court of the first instance) in cases affecting representatives of foreign governments and cases in which a state is a party. In all other cases the Supreme Court’s jurisdiction is only appellate. A decision of the Supreme Court is final and cannot be appealed to any other court. Neither the President nor Congress can change their decisions.

5. The state courts are organized in a system that looks like the system of Federal courts. State court system usually includes three types of courts: minor courts, general trial courts and appellate courts. Minor courts are also known as courts of limited jurisdiction, local trial courts and inferior courts. Their jurisdiction is limited to civil cases dealing with money matters involving less than $1,000. Minor courts also try criminal cases in which the jail sentence is less than one year. Minor courts are presided over by a justice of the peace, who performs marriages, handles minor civil and criminal cases and legalizes documents.

6. General trial courts may hear any type of cases. Cases involving serious crimes like murder, arson and robbery, are heard in these courts. Appellate courts are above general trial courts. These courts review cases that a lower court has already decided. Each state has a court of last resort, which hears and determines all questions of law and equity on appeal from the trial courts. The highest court in most of the states is named the Supreme Court. State judges are elected in a popular election or appointed by the governor of the state.

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ВОПРОСЫ ДЛЯ КОНТРОЛЯ И САМОКОНТРОЛЯ

1. How many court systems are there in the USA?

2. What types of disputes do Federal Courts deal with?

3. What types of disputes do State Courts deal with?

4. How do Federal judges get their office?

5. What are the trial courts in the Federal Court system?

6. What is the function of the Courts of Appeals?

7. What is the highest court of the USA?

8. What two jurisdictions does the Supreme Court have?

9. Where can the decision of the Supreme Court be appealed?

10. What types of courts does the state court system include?

11. What are the state courts of the first instance?

12. Who presides over the minor courts?

13. Where are serious crimes tried?

14. What is the highest court in a state?

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