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English for law students(2011-2012).doc
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Level 1: Trial Court

  • Also referred to as the court of general jurisdiction, the court of record, or the court of original jurisdiction;

  • Plaintiff versus defendant: e.g. Johnson v. Pletnikoff;

  • Issues of fact: what happened? Jury is presented with evidence and renders verdict.

  • Issues of law: was the defendant’s action legal or illegal? The judge presides over the case, instructs the jury on law, and enters the judgment.

  • The losing party has the right to appeal to the next level.

Level 2: Appellate Court

  • Intermediate appellate jurisdiction;

  • Appellant versus appellee or petitioner versus respondent: losing party versus winning party in the previous trial or sometimes appellee versus appellant depending on the trial court designation.

  • Only issues of law may be considered by the appellate court.

  • An appeal from this level is normally at the discretion of the next higher court.

Level 3: State Supreme Court

  • Appellate Jurisdiction or the court of last resort;

  • Appellant and appellee / petitioner and respondent;

  • Unless there is a conflict with the U.S. Constitution or federal law, no appeal is possible;

  • The state supreme courts are the final arbiters of state law.

The following chart gives an overview of the structure of the federal courts.

Level 1: District Court

1. Made up of trial court of original jurisdiction: ninety-four districts (including the District of Columbia and the territories)

2. One judge and, if desired, a jury

3. Appeal as a matter of right

Level 2: U.S. Courts of Appeal

1. Thirteen courts of appellate jurisdiction in the various circuits

2. Bank (also referred to as a panel) of three judges

3. Appeal to U.S. Supreme Court only via petition for writ of certiorari (request to the U.S. Supreme Court for review)

Level 3: U.S. Supreme Court

1. Nine judges: nominated by the president and confirmed by the Senate; may serve for life.

2. Appellants must petition for writ of certiorari – ask the Court to hear the appeal.

3. Opinions.

4. No appeal is possible. Supreme Court decisions are binding in all jurisdictions in the United States. However, the Supreme Court may overrule its own earlier decisions.

2. Match the words with their definitions.

1. plaintiff

a. a state court that holds sessions at several different places within a judicial district

2. to entertain

b. a person against whom a petition, esp in a divorce suit, or appeal is brought

3. circuit court

c. a person who brings an action in a court of law

4. court of record

d. an order of a superior court directing that a record of proceedings in a lower court be sent up for review

5. respondent

e. to take into consideration, have in view

6. designation

f. a group of people gathered for a special purpose as to plan or discuss an issue or judge a contest; a list of persons summoned for jury service

7. panel

g. a court whose proceedings and decisions are retained on permanent record

8. certiorari

h. identifying word or words by which someone or something is called and classified or distinguished from others

3. Speaking. Read through the text again and speak about the particularities of the US court system and compare it with the Ukrainian judiciary.

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