Judicial system of the usa

JUDICIAL SYSTEM OF THE USA

The judicial branch is headed by the Supreme Court, which is the only court specifically created by the Constitution. In addition, the Congress has established 11 federal courts of appeal and below them 91 federal district courts.

Federal judges are appointed for life or voluntary retirement, and can only be removed from office through the process of impeachment and trial in the Congress.

Federal courts have jurisdiction over cases arising out of the Constitution: laws and treaties of the United States: maritime cases; issues involving foreign citizens or governments, and cases in which the federal government itself is a party. Usually, federal courts do not hear cases arising out of the laws of individual states.

The Supreme Court today consists of a chief justice and eight associate justices. With minor exceptions, all its cases reach the Court on appeal from lower federal or state courts. Most of these cases involve disputes over the interpretation of laws and legislation. In this capacity, the court’s most important function consists of determining whether congressional legislation or executive action violates the Constitution. This power of judicial review is not specifically provided for by the Constitution. It is the Court’s interpretation of its Constitutional role as established in the landmark.

JUDICIAL SYSTEM OF THE USA

The U.S. Constitution establishes a system of federalism under which the federal government is granted limited authority. All remaining authority is left to the states. This model of shared powers defines the relationship between the federal and state courts.

The U.S. judicial system is in reality composed of multiple autonomous courts.

The federal court system is divided into numerous geographic units and various levels of hierarchy. Each state has its own court system with a system of local courts that operate within the state.

Under this dual federal/ state court structure, the U. S. Supreme Court is the final arbiter of federal law, while the highest court of each state (usually called supreme courts) has the ultimate authority to interpret matters of the law of its state.

When federal constitutional or statutory matters are involved, the federal courts have the power to decide whether the state law violates federal law. The functioning of these systems is complicated by the fact that there are multiple sources of law, and courts of one system are often called upon to interpret and apply the laws of another jurisdiction.

In addition, more than one court may have sovereignty to hear a particular case.

The federal judiciary and the individual state judicial systems are each constructed like a pyramid. Entry-level courts at both the state and the federal levels are trial courts, in which witnesses are called, other evidence is presented and the fact-finder (a jury or sometimes a judge) is called upon to decide issues of fact based on the law. At the top of each pyramid structure is the court of last resort ( at the federal level, the U.S. Supreme Court; at the state level, the state supreme court ) which has the authority to interpret the law of that jurisdiction. In most states and in the federal system there is also a mid-level court of appeals. The vast majority of courts at both: the state and federal level are “courts of general jurisdiction”. It means that they have authority to decide cases of many different types. There are no special constitutional courts in the U.S.

Any court has the power to declare a law or action to be unconstitutional.

Дата добавления: 2015-11-14