The court system in the usa

The American court system is complex. It functions as part of the federal system of government. Each state runs its own court system, and no two are identical. In addition, we have a system of courts for the national government. These federal courts coexist with the state courts.

Individuals fall under the jurisdiction of two different court systems, their state courts and federal courts, they can sue or be sued in either system, depending mostly on what their case is about. The vast majority of cases are resolved in the state courts.

The federal courts are organized in three tiers, like a pyramid. At the bottom of the pyramid are the US district courts, where litigation begins. In the middle are the US courts of appeal. At the top is the US Supreme Court. To appeal means to take a case to a higher court. The courts of appeals and the Supreme Court are appellate courts, with few exceptions, they review cases that have been decided in lower courts. Most federal courts hear and decide a wide array of cases; the judges in these courts are known as generalists.

Attorneys in the usa

Today, the number of lawyers in the United States exceeds 675, 000. This translates to one lawyer for every 364 people. Twenty-five years ago, there was one lawyer for every 700 people. The rate at which the legal profession is growing will probably continue to outpace rate of population growth through the end of the century.

Why is a career in law so popular? Market forces account for some of the allure. We know that in 1984 the average salary of experienced lawyers was 88,000 dollars. If we could include in this average the salaries of all lawyers, whatever their experience, the figure would probably be much lower, certainly well below the 108,000 dollars average salary of physicians. But lawyers’ salaries are still substantially greater than those of many other professionals. Salaries for newly minted lawyers heading for elite New York law firms exceeded 71,000 dollars in 1987; some firms offered additional bonuses for clerkship experience in the federal courts and state supreme courts. The glamour of legal practice strengthens the attraction of its financial rewards.

There are other reasons for the popularity of the legal profession and the unquenchable demand for legal services. Materialism and individualism in American culture encourage dispute. Federalism gives separate legal systems for each state plus the national government. Advertising can now create demand for legal services, too. Finally, the principles of separation of powers and of checks and balances make governing difficult and sometimes impossible. When political institutions act, they often are forced to compromise, deferring critical issues to the courts. Pluralist democracy operates when groups are able to press their interests on, and even challenge, the government. The expression of group demands in a culture that encourages lawsuits thrusts on the courts all manner of disputes and interests. Is it any wonder that America needs all the lawyers it can train⁹

The Justice Department is responsible for faithful execution of the laws under the president’s authority. The main administrators of federal law enforcement are the ninety-four US attorneys, appointed by the president with the advice and consent of the Senate. Unlike federal judges, these appointees serve at the pleasure of the president and are expected to relinquish their positions when tire reins of government change hands.

There is a US attorney in each federal judicial district. Their staffs of assistant attorneys vary in size with the amount of litigation in the district. US attorney^have considerable discretion, which makes them powerful political figures in any community. T^eir decision to prosecute or not affects the wealth, freedom, rights, and reputation of individuals and organizations in the district.

US attorneys are political appointees who often harbour political ambitions. Their position commands media attention and can serve political goals.