Organization of Federal Courts

At the apex of the American federal judicial system is the United States Supreme Court, consisting of eight associate justices and one chief justice. Perhaps the single most important power that the Supreme Court has is the power of judicial review. This refers to the court’s ability to declare unconstitutional acts of the executive and legislative branches of government, on both the state and national level.

The Supreme Court has both original and appellate jurisdiction. Original jurisdiction refers to cases that come directly to it. These cases involve foreign diplomats or one of the states, as specified in Article III of the Constitution. Most of its cases, however, come through appellate jurisdiction – the right to review decisions of lower courts. Some of these cases may come to the Supreme Court through appeal as a matter of right, as when a lower court has declared a law unconstitutional. But most litigants must petition the Court to review their cases. In this situation they ask the judges to issue a writ of certiorari [,sə:tіo:?reərai] (Latin for “to be made more certain”) requesting the lower court to send the record up for review. If at least four judges agree to a petition, the Court issues the writ, indicating its willingness “to be made more certain,” – that is, to hear the case. If most of the judges deny the petition (as it does in 85 per cent of the cases), the Court in effect upholds the decision of the lower court.

Beneath the Supreme Court are the 12 United States Courts of Appeal. Each state and territory as well as the District of Columbia falls within the jurisdiction of one of these courts. They have only appellate jurisdiction, reviewing appeals from lower federal courts and decisions of the federal regulatory agencies. In the vast majority of cases this court’s decision is final and sets a precedent for future cases, although this precedent is not always binding on the Supreme Court.

The United States District Courts form the third principal layer in the pyramid of the federal judiciary. Each state has at least one of the 94 district courts. Unlike the courts of appeals, the district courts are trial courts where cases begin. These courts have only original jurisdiction and do not hear appeals. They hear both civil and criminal cases involving violations of federal law and disputes between citizens of different states.

Several additional federal courts handle certain specialized cases. The Claims Court rules on financial claims against the federal government. The Court of Customs and Patent Appeals has jurisdiction over trademark, patent and tariff appeals cases. The Court of International Trade hears cases arising out of tariff laws. The Court of Military Appeals is the final appellate court in court-martial convictions. The Tax Court has the jurisdiction function of reviewing decisions of the Internal Revenue Service. These specialized courts were established by Congress, and judges have limited terms.

In 1789 there was also established the Office of the United States Attorney-General to enforce federal laws. The Attorney-General is the head of the US Department of Justice in the President’s Cabinet.

7. Read the text and say whether the following statements are true or false:

1. There are no associate justices in the United States Supreme Court.

2. The Supreme Court has the power of judicial review.

3. The Supreme Court can’t declare unconstitutional acts of the executive and legislative branches of government.

4. The Supreme Court has only appellate jurisdiction.

5. Original jurisdiction refers to the right to review decisions of lower courts.

6. The District Courts set a precedent for future cases.

7. The precedents set by the Courts of Appeal are always binding on the Supreme Court.

8. The District Courts have both original and appellate jurisdiction.

9. The District Courts hear both civil and criminal cases involving violations of federal law.

10. The specialized courts were established by the President, and judges have unlimited terms.

8. Match the following English and Russian equivalents:

1) at the apex 2) the court’s ability 3) appellate 4) final decision 5) a trial court 6) to handle cases 7) violations of law 8) to involve disputes 9) lower court 10) were established

a) были учреждены b) окончательное решение c) нижестоящий суд d) касаться споров e) нарушения закона f) право суда g) апелляционный h) на вершине i) низовой суд j) рассматривать дела

9. Answer the following questions:

1. What court is at the apex of the American federal judicial system?

2. How many judges does the Supreme Court consist of?

3. What is the most important power the Supreme Court has?

4. What does the power of judicial reviewrefer to?

5. What kind of jurisdiction does the Supreme Court have?

6. What courts are beneath the Supreme Court?

7. What kind of jurisdiction do the Courts of Appeals have?

8. What kind of appeals can they review?

9. What kind of decisions do the Courts of Appeals make?

10. What courts form the third principal layer in the pyramid of the federal judiciary?

11. What kind of courts are they?

12. What kind of jurisdiction do the District Courts have?

13. Do the District Courts hear any appeals?

14. What kind of cases do the District Courts hear?

15. What additional courts were established by Congress?

16. What judicial tenure do the judges of Specialized Courts have?

17. What cases do Specialized Courts handle?

Дата добавления: 2015-11-14