Unit 5. The judicial branch

Millions of cases come to trial every year in the United States. A very large number of civil and criminal cases are handled annually by the courts. Most are determined at state and local (rather than federal) levels. Americans have a constitutional right to have their cases quickly determined in a public trial by an impartial judge or jury (a selected number of citizens who decide the facts in court cases). The only court specially mentioned by the Constitution is the Supreme Court. Article III of the Constitution created a third branch of government, the independent federal judiciary: ‘The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish.’

The Judiciary Act (1789) created new federal courts, which now have two roles. They interpret the meaning of laws and administrative acts (statutory construction) and examine any law or administrative action by national or state authorities in the light of the US Constitution (judicial review). The power of judicial review was initially contested by states’ rights activists. But it was finally conceded and was an important factor in establishing a united nation.

The result of the historical developments was a legal organization for the whole country and authority was divided between state and federal courts. The states still had their own courts, common law, constitutions and statutes and had jurisdiction over state law. But if a state court decision violated federal laws, or involved a federal question, the US Supreme Court could ultimately review and overturn it. Some federal and state matters may thus proceed from local courts to the Supreme Court and federal laws and the Constitution have (in theory) a uniform application throughout the country.

The independence and status of the judiciary were strengthened over time. It is now regarded as an essential safeguard against abuse by the executive and legislative branches. Federal judges are appointed by the president, subject to approval by the Senate. There are some 900 of them who serve until retirement and who can only be removed for gross misconduct. All other judges are appointed by methods peculiar to individual states or may be elected by voters.

The cases which come before the courts in the US are of two main kinds: civil and criminal. Civil law involves claims for compensation (often financial) by individuals (or groups) who have allegedly suffered loss or damage through acts by others. Domestic actions (divorce, children and custody), automobile accidents and personal injury cases are the largest civil matters. Civil law has a service role and tries to secure social harmony by setting disputes between individuals or organizations. This is achieved by settlement during the course of litigation and negotiations, or by a judge after a trial.

Criminal law involves the trial and punishment of those persons who have committed crimes against society, such as theft or murder. State, local or federal authorities prosecute groups or individuals in an attempt to establish guilt, which may result in a fine, execution or imprisonment. This is the control aspect of the legal system and the criminal law protects society by punishing those who have broken social codes. The trial and any punishment are also supposed to act as deterrents to potential offenders.

Federal courts deal with cases which arise under the US Constitution or federal law and any disputes involving the federal government. They also hear matters involving governments or citizens of different states and thus play a part in state law. If a case in the highest state court of appeal involves a federal question, it can be appealed ultimately to the US Supreme Court. Criminal action under federal jurisdiction includes such cases as treason, destruction of government property, counterfeiting, hijacking, and narcotic violations. Civil cases include violations of other people’s rights, such as damaging property, violating a contract, or making libelious statements. If found guilty, a person may be required to pay a certain amount of money, called damages, but he or she is never sent to prison. A convicted criminal, on the other hand, may be imprisoned.

Today the fame and influence of the Supreme Court result from its power of judicial review, the right to decide if congressional, presidential, and state’s acts are in accordance with the Constitution and to declare them void if it deems they are not. The Court claimed the right of judicial review by stages and won gradual acceptance for its practice between 1796 and 1865. In the first year the Court asserted its right to invalidate state laws that it considered unconstitutional. Later decisions extended judicial review to cover executive acts. The Court’s review power maintains the supremacy of federal law and a uniform interpretation of the Constitution from state to state. As a practical fact, only the Union victory in the Civil War established the supremacy of federal law, the US Constitution, and the Court as their interpreter.

A case involving federal jurisdiction is heard first before a federal district judge. An appeal may be made to the US Court of Appeals and, in the last resort, to the US Supreme Court.

Most federal cases begin and are settled in the lower US District Courts and only a minority of cases are appealed. There are ninety-five district courts in the US (with states having at least one court). They are trial courts in which a judge or a jury decides each case. Most citizens involved in federal litigation only have dealings with the District Courts.

They try cases involving breaches of federal criminal law, such as bank robbery, drug dealing, kidnapping, currency fraud and assassination. But most of the work of the District Courts is in areas of civil law, such as taxation, civil rights, administrative regulations, disputes between states and bankruptcy.

The US Courts of Appeals system consists of fifteen courts sitting in each of the judicial circuits into which the US divided. These courts (with from three to five judges) mainly hear appeals from decisions of the US District Courts within the circuits. Most of their decisions are final and set a precedent for future similar cases.

The US Supreme Court in Washington, DC comprises a Chief Justice and eight Associate Justices, assisted by law clerks. It has jurisdiction in national/federal matters. But its main role is that of an appeal court and it hears cases from lower federal and state courts. These appeals usually involve constitutional issues, questions of federal law and conflicts between two or more of the states.

The Court has authority to review any executive and legislative action or law passed by any level of government (if challenged in a court case) and can declare it unconstitutional after judging its compatibility with the Constitution. Although not explicitly given this power of judicial review by the Constitution, the Supreme Court has developed such jurisdiction. It enables the Court to profoundly influence many aspects of American life.

Federal judges are nominated by the President, approved by the Senate and appointed for life in what amounts to a political selection. They hold office during good behaviour and can be removed from office only by impeachment (trial by the Senate for gross misconduct). This process has been very rarely used and never successfully against a Supreme Court justice.

State judges may now be appointed, selected and elected (by the people) depending on the practices of individual states. They may also be investigated by state commissions which may recommend their disciplining or removal.

The judiciary has a range of functions and duties. It enforces the legitimate laws of the legislative and executive branches of government. But it also protects citizens against arbitrary acts by either executive or legislature. Judicial review gives the judiciary a crucial authority and judges’ freedom from control by the other branches of government means that they are theoretically ‘above politics’. This enables the courts to follow relatively independent courses of action.

TASK 1. Find the English equivalents for the words and word-combinations given below.

Определять; справедливый судья; облекать властью; низший суд; устанавливать в законодательном порядке; оспаривать; нарушать; опровергать; возбуждать дело; обсуждение условий; штраф; тюремное заключение; правонарушитель; воздушный бандитизм; превосходство; произвольный закон; решающее право.

TASK 2. Match the English words and word-combinations given below with their Russian equivalents.

1) пересмотр (судом) принятого решения	a) a case of treason
2) дело о государственной измене	b) to damage property
3) дело о подделке документов	c) to make a libelous statement
4) нанести ущерб чьей-либо собственности	d) to come under federal (state) jurisdiction
5) нарушить контракт	e) judicial review
6) сделать клеветническое заявление	f) a case of counterfeiting
7) находиться в ведении законодательного штата	g) to violate a contract
8) в конце концов	h) an appeal
9) злоупотребление	i) to declare them void
10) смещать с поста за неправомерное поведение	j) deterrent
11) развод	k) prosecute group
12) опека, попечительство	l) litigation
13) судебный процесс	m) custody
14) группа обвинения	n) divorce
15) средство предупреждения	o) to remove for gross misconduct
16) провозглашать недействительным	p) abuse
17) право апелляции	q) ultimately

TASK 3. Answer the following questions.

1. How does the Supreme Court function?
2. What is “judicial review”?
3. What crimes are called “civil”?
4. What is the structure of the state government?

TASK 4. Explain the meanings of the following expressions from the text and make sentences with each of them:

Chief Justice; Associate Justice; federal court; direct jurisdiction; lower court; to be unconstitutional.

TASK 5. Choose the right answer.

1. The amendment becomes a law if it is ratified by …

a) half of the states; b) three-fourth of the states; c) majority of the states

2. The Bill of Rights includes …

a) the first ten amendments to the Constitution; b) the amendments to the Constitution;

c) several first amendments to the Constitution

3. The legislative branch of the American government is called …

a) the Congress; b) the Senate; c) the House of Representatives

4. The President of the Senate is …

a) elected by the senators; b) the Vice-President;

c) the leader of the party has majority in the Senate

5. The President of the United States is elected by …

a) popular vote; b) the electors; c) members of the two major political parties

6. The jury usually consists of …

a) people living in the community; b) party members;

c) people who want to serve on the jury

7. The jury must consist of …

a) 10 people; b) 12 people; c) 2 people

8. The court of appeals can decide if …

a) the person is guilty; b) the person is innocent;

c) there was technical mistake during the trial

TASK 6.Render the following text.