Ex. 67 Read the text about the court system of the USA and draw a diagram illustrating the structure of the system.

The Courts state courts

The Constitution recognizes that the states have certain rights and authorities beyond the power of the federal government. States have the power to establish their own systems of criminal and civillaws, with the result that each state has its own laws, prisons, police force, and state court. Within each state, there are also county and city courts. Generally, state laws are quite similar, but in some areas there is great diversity. The minimum age for marriage and the sentences for murder vary from state to state. The minimum legal age for the purchase of alcohol is 21 in most states.

The lowest state courts are courts of limited or special jurisdiction. Some of these courts handle a variety of minor criminal and civil cases. Such courts include police courts, magistrate's courts, or county courts, and justices of the peace. Other lower courts specialize in only one type of case. For example, small-claims courts try cases that involve small amounts of money. Probate or surrogate courts handle wills and disputes over inheritances. Other specialized courts include courts of domestic relations, juvenile courts, and traffic courts.

Courts of general jurisdiction rank above courts of limited jurisdiction. These higher courts are known as circuit courts, superior courts, or courts of common pleas. About half the states have intermediate appeals courts, which hear appeals from courts of general jurisdiction. In some states, courts of general jurisdiction and appellate courts handle both criminal and civil cases. Other states have separate divisions on both levels. The highest court in most states is its supreme court.

FEDERAL COURTS

The separate system of federal courts, which operates alongside the state courts, handles cases which arise under the U.S. Constitution or under any law or treaty, as well as any controversy to which the federal government is itself a party. Federal courts also hear disputes involving governments or citizens of different states. All federal judges are appointed for life.

The federal court system includes district courts, courts of appeals, and the Supreme Court of the United States. District courts are federal courts of original jurisdiction – that is, they are the first courts to hear most cases involving a violation of federal law. The United States and its possessions have about 95 district courts. Each state has at least one such court.

Courts of appeals try federal cases on appeal from district courts. The United States is divided into 12 circuits (districts), each of which has a court of appeals. An additional federal court of appeals, the United States Court of Appeals for the Federal Circuit, has nationwide jurisdiction.

The Supreme Court of the United States is the highest court in the nation. A person who loses a case either in a federal court of appeals or in the highest state court may appeal to the Supreme Court, but it may refuse to review many cases. In addition to its appellate jurisdiction, the court has original jurisdiction over cases involving two states or representatives of other countries.

The federal court system also includes several specialized courts. The United States Claims Court hears cases involving claims against the federal government. The Court of International Trade settles disputes over import duties. Taxpayers ordered to pay additional federal income taxes may appeal to the Tax Court of the United States. Military courts, called courts-martial, have jurisdiction over offenses committed by members of the armed forces. The Court of Military Appeals reviews court-martial rulings.

Supreme court

The Supreme Court hears cases in which someone claims that a lower court ruling is unjust or in which someone claims that Constitutional law has been violated. Its decisions are final and become legally binding. Although the Supreme Court does not have the power to make laws, it does have the power to examine actions of the legislative, executive, and administrative institutions of the government and decide whether they are constitutional. It is in this function that the Supreme Court has the potential to influence decisively the political, social, and economic life of the country.

In the past, Supreme Court rulings have given new protection and freedom to blacks and other minorities. The Supreme Court has nullified certain laws of Congress and has even declared actions of American presidents unconstitu­tional.

The U.S. government is so designed that, ideally, the authority of the judicial branch is independent from the other branches of government. Each of the nine Supreme Court justices (judges) is appointed by the president and examined by the Senate to determine whether he or she is qualified. Once approved, a justice remains on the Supreme Court for life. The Supreme Court justices have no obligation to follow the political policies of the president or Congress. Their sole obligation is to uphold the laws of the Constitution.

Nevertheless, politics play a role in a president's selection of a Supreme Court justice. On average, a president can expect to appoint two new Supreme Court justices during one term of office. Presidents are likely to appoint justices whose views are similar to their own, with the hope that, they can extend some of their power through the judicial branch.