United states courts
Since the United States is a federation of 50 individual states there exist both Federal Courts and State Courts. Within this twin system the written Constitution of the United States, the laws of the Federal Congress, and the decisions of the United States Supreme Court are the highest law of the country. No State Constitution or State Court decision may override the supreme law.
The court system of each state is provided for in the State Constitution. The highest court in each state is the State Supreme Court, which decides upon the constitutionality of laws passed by the state legislature. Below the Supreme Court are state appellate courts which hear appeals from the lower trial courts. Judges of State Courts are usually elected by popular vote.
Federal Courts deal with cases in which federal law is applied, rather than state law. Matters which fall within federal law include disputes between states, relations with foreign countries, and citizenship.
Under the federal system the United States is divided into 11 areas called circuits. These are subdivided into districts. The trial of both civil and criminal cases begins in the District Courts. Appeals from the District Courts may be taken to the Courts of Appeals, which are called the Circuit Court. There may, finally, be an appeal to the Highest Court in the United States, the Supreme Court, which is made up of nine Judges and presided over by one of their number who is called the Chief Justice.
None of the judges in the federal system is elected, they are appointed by the President of the United States, with the approval of the United States Senate. Although there is no appeal from the Supreme Court, the President may pardon someone who has been convicted. The governors in some states also have this power.
Give the Russian equivalents for the words in bold.
Devise new words using different suffixes: sub-, -al, -ship, -ate, - ion, - ment, - ful. Define the part of speech of newly formed words.
Appeal, to appoint, to approve, citizen, to decide,
to divide, to elect, law, to relate.
Make up 10 questions of different types to the text. Ask a partner to answer them.
Give a list of courts that exist in the USA. What cases do they deal with?
Read the text and do the following tasks.
Understanding the levels of us federal courts
Pic. 1 Court systems in the United States
Federal courts are arranged in three steps: U.S. district courts located throughout the United States, U.S. courts of appeals, and the Supreme Court of the United States.
District courts – these are general courts. But in some cases, the jurisdiction is passed to specialized courts. These include: bankruptcy courts, tax courts and the court of private land claims.
Court of Appeals – The Court of Appeals reviews all decisions in the lower courts that people object to.
State courts – These courts decide disputes that pertain to state laws rather than federal laws.
The Supreme Court – This is another appeals court, but it is the only court that operates under discretionary review. This means it can choose which cases to hear. The Supreme Court is also called a High Court in some countries.
Read the text about the court structure. Mark the following statements as true (T) or false (F).
District courts review decisions that people protest.
Cases involving state laws are not heard in a federal court.
The Supreme Court hears all cases that are bought to it.
Read the sentences and choose the correct word.
The (District / Supreme) Court decided not to review Ms.Wright’s case against the company.
The case does not involve federal law, so it has to go through the (state / bankruptcy) courts.
The district court has (jurisdiction / claim) in Mr. Trujillo’s case.
If Ms. Davis wants her money back, she needs to go through the small (claims / discretionary) court.
Listen
to the conversation between a client and his attorney. Then answer
the questions. Which courts might the client’s case be heard in?
a state court
a district court
a court of appeal
a specialized court
the Supreme Court
With a partner, act out the roles below, based on the previous task. Then switch roles.
Student A: You see a client. Talk to your lawyer about your case. Ask Student B about: courts, options after a decision, likelihood of having case reviewed.
Student B: You are a lawyer. Answer Student A’s questions.
PROJECT WORK
Draw a diagram of your court system and explain the court structure as if to a foreign client who is pursuing an action in your courts. Use your own language for the names of the courts but use English to describe their function. For more information on UK courts, go to: www.courtservice.gov.uk; for other courts, go to: www.lexadin.nl/wlg/courts/nofr/courts.htm; http://www.ruscham.com/en/rossinfo/db/21.html; http://en.wikipedia.org/wiki/Judiciary_of_Russia
Reviewing What We Learned
1. What are the differences among original jurisdiction, appellate jurisdiction, limited jurisdiction, and general jurisdiction?
2. How are the federal courts structured?
3. What is the role of the United States Supreme Court?
4. How are most state courts structured?
Legal Skills in Action
A Your 30-yearold brother says he has no faith in the legal system, and for that reason, will never sue anyone. With a partner, role-play a response to your brother’s argument. Explain why understanding the structure of the federal court system might benefit him, even if he never intends to be a plaintiff in a lawsuit.
B The courts in the United States are divided into federal and state systems. In which court system would a criminal trial be heard?
C Compare court systems of two different states.