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The Court System of the USA



US Supreme Court Opinions (Approximately 140 signed opinions)
Original jurisdiction (approximately 10 cases) Request for review (Approximately 4200 petitions and appeals)


Text 4: “The US Court System”

Task 1: read and translate the text

The American court system is complex.

There are two kinds of courts in this country: state courts and federal courts.

State and local courts are established by a state (within states there are also local courts that are established by cities, counties, and other municipalities).

Federal courts are established under the U.S. Constitution to decide disputes involving the Constitution and laws passed by Congress.

The differences between federal and state courts are defined mainly by jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear.

State courts have broad jurisdiction, so the cases such as robberies, traffic violations, broken contracts, and family disputes are usually tried in state courts.

Federal court jurisdiction, by contrast, is limited to the types of cases listed in the Constitution and specifically provided for by Congress. Federal courts only hear: cases in which the United States is a party; cases involving violations of the U.S. Constitution or federal laws; cases between citizens of different states, bankruptcy, copyright, patent, and maritime law cases.

Federal courts are organized in three tiers, like a pyramid. At the bottom of the pyramid there are the US district courts, where litigation begins. In the middle there are the US courts of appeal. At the top there is the US Supreme Court. To appeal means to take a case to a higher court. The courts of appeal and the Supreme Court are appellate courts, they review cases that have been decided in lower courts.

It's important to remember that no two State Court Systems are exactly alike.

In general, there are 3 main types of state courts: trial, intermediate appellate and the highest state court. 'Trial court' would be the first court to hear a specific case, whether criminal or civil. The state's highest courts (the courts of last resort) are a final venue for appeals as well as the first court for matters regarding the state constitution, elections and so forth. Cases can move from the state system into the federal system if there are grounds for it.

In civil and criminal matters, courts operate under the principle known as stare decisis, Latin for "let the decision stand." In other words, courts rely on the precedents established by previous court decisions in deciding current cases based on similar legal issues and facts.





Дата публикования: 2014-12-11; Прочитано: 795 | Нарушение авторского права страницы | Мы поможем в написании вашей работы!



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