
- •190000, Санкт-Петербург, б.Морская ул., 67
- •Judicial Committee of the Privy Council
- •Supreme Court (formerly the House of Lords)
- •Crown Court
- •Magistrates’ Courts
- •Tribunals Service
- •1 Constitutional Law
- •2 Statutory Law
- •3 Administrative Law
- •4 Case Law
- •Text 2 An Overview of the Court System in the United States
- •Constitutional Rights Applying to Trials
- •Federal court system
- •Types of Courts
- •1 An Offer Must Be Intended to Create a Legal Obligation
- •2 An Offer Must Be Definite
- •3 An Offer Must be Communicated to the Offeree
- •1 An Offer Ends at the Time Stated in the Offer
- •2 If the Offer Does Not State How Long It Will Remain Open, It Terminates at the End of a Reasonable Length of Time
- •3 An Offer Ends If the Offeree Rejects It
- •4 An Offer Ends If the Offeree Makes a Counteroffer
- •5 An Offer Is Usually Ended If It Is Revoked or Modified by the Offerer Before the Offeree Has Accepted It
- •6 An Offer Is Terminated by the Death or Insanity of the Offerer or Offeree
- •1 An Acceptance Can Be Made Only by the Person(s) to Whom the Offer Was Made
- •2 The Acceptance Must Be Unconditional and Identical with the Offer
- •3 The Acceptance Must Be Communicated
- •1 Agreements That Obstruct Legal Procedures
- •6 Agreements That Are Unconscionable
- •7 Agreements to Pay Usurious Interest
- •8 Agreements That Involve Illegal Gambling, Wagers, and Lotteries
- •9 Agreements That Restrain Trade Unreasonably
- •1 Methods of Creation
- •2 Formality
- •3 Extent of performance
- •2 A Contract to Sell or a Sale of Any Interest in Real Property
- •3 A Contract That Cannot Be Performed Within One Year
- •4 A Contract to Pay a Debt or Answer for the Legal Obligation to Another Person
- •5 A Contract for Which the Consideration Is Marriage
- •6 A Contract by an Executor or Administrator to Be Personally Liable for Claims Against the Estate of a Deceased Person
- •1 The Writing Is to Be Considered as a Single, Whole Document
- •2 Where a Printed Form Is Used, Added Typed Provisions Will Prevail over Contradictory Printed Provisions, and Added Handwritten Ones Will Prevail over both Printed and Typed Ones
- •3 If Words and Figures Are Inconsistent, the Words Will Prevail
- •1 The False Representation or Concealment of a Present or Past Fact Must Be Deliberate
- •2 The Misrepresented or Concealed Fact Must Be Material
- •3 The Person Who Makes the False Representation Must Know It to Be False or Make It Recklessly without Regard to Its Truth
- •4 The Misrepresentation Must Be Made with the Intention of Influencing the Other Person to Act upon It
- •1 By agreement
- •2 By Impossibility of Performance
- •3 By Operation of Law
- •1 The Injured Party Has the Right of Rescission
- •2 The Injured Party May Have the Right of Cancellation
- •3 The Injured Party May Compel Specific Performance or Get an Injunction
- •1 Cash-and Carry Sales
- •2 Sales on Credit
- •3 Cod Sale
- •4 Sale or Return
- •5 Sale on Approval (Try &Buy)
- •6 Auctions
- •1 Laws Allowing Secured Debts
- •2 Laws Allowing Garnishment of Wages
- •1 Laws Setting Maximum Interest Rates
- •2 Laws Requiring Clear and Complete Disclosure of Loan Terms
- •1 When the Creditor Retains Possession of the Collateral
- •2 When the Debtor Retains Possession of the Collateral
- •1 Drafts
- •2 Cheques
- •3 Promissory Notes
- •4 Certificates of Deposit
- •Список использованной литературы
- •Информационные ресурсы
- •Contents
Federal court system
The U.S. Court System
U.S. District Courts, U.S. Courts of Appeals, and the U.S. Supreme Court
There are three levels of courts in the federal court system in which a federal case can be heard: a U.S. District Court, a U.S. Court of Appeals, and the U.S. Supreme Court. A case is first heard in the district court and then can be appealed to a court of appeals, also known as an appellate court. After that, a case can be appealed to the U.S. Supreme Court.
Only a fraction of cases are ever heard by the Supreme Court; the judges on the appellate courts and district courts make the final decisions on most matters. This gives the judges of the “lower courts” — district courts and appellate courts — tremendous influence over how laws will be interpreted.
Judges in the federal courts are appointed for life by the President. This allows the President to have a major impact on how laws will be analyzed and implemented by the courts.
U.S. District Courts
Almost all federal cases are initially heard in a district court. Each state has at least one district court; the larger states have more than one. The President appoints district court judges to life terms, as he does with the judges in the appellate courts and the justices on the Supreme Court. A case in a district court may be decided by a jury or solely by the appointed judge and can be appealed to the Court of Appeals for that circuit. In courts where the appointed judge makes the decision, his or her ruling, as with all federal judgeships, can have an enormous impact on the interpretation of federal law.
U.S. Courts of Appeal
The U.S. Courts of Appeal or appellate courts are organized into twelve circuits. Each circuit presides over cases from several states. For example, the Court of Appeals for the Fourth Circuit in Richmond hears cases from Maryland, Virginia, West Virginia, North Carolina, and South Carolina.
Usually, each case heard by a Court of Appeals is decided by a panel of three judges. The appellate court judges are appointed for life by the President, like the district courts and the Supreme Court. A final appeal can be made to the Supreme Court from the appellate courts. However, since the Supreme Court only hears a small number of cases, most decisions by the courts of appeal are final. Additionally, those decisions must be followed by all district courts in that circuit.
The U.S. Supreme Court
The Supreme Court hears appeals from the appellate courts and also from state supreme courts when the matter concerns a federal law or the Constitution. The justices of the Supreme Court choose cases based on the controversy of the issue and the need for a Supreme Court interpretation.
Significance of the Federal Court System
Since only a fraction of the cases heard in the district courts and appellate courts are ultimately heard in front of the Supreme Court, the lower court judges are the final arbiters of most judicial matters. While these decisions are not binding on courts outside of their jurisdiction, their opinions are considered persuasive and often set trends that other district courts and circuits follow.
Additionally, the Supreme Court will often make the final decision on a case to resolve differences between the different appellate courts and district courts to ensure that federal laws are interpreted consistently throughout the country.