The American judiciary

The American judiciary is very complex. Throughout the US there are two judicial systems. One is that of the state and local courts established in each state under the authority of the state government. The other is that of the federal courts, set up under the authority of the Constitution by Congress of the US. Each independent of the other with the exception that the US Supreme Court may, under special circumstances involving federal questions, review a state court decision. These two systems coexist in the US. And individuals fall under the jurisdiction of two different court systems, their state courts and federal courts. They can sue and be sued in either system depending mostly on what their case is about. Jurisdiction of particular courts and judges is determined by either the national or state constitutions or laws.

Federal courts have power to decide only those cases in which the Constitution, Federal laws and treaties of the US give them authority. The majority of cases handled in the federal courts are civil cases. Under the Constitution they are controversies to which the US is a party; disputes between different states and citizens of different states; cases affecting ambassadors, other public ministers and consuls; cases involving foreign citizen and governments; bankruptcy and maritime cases; cases arising out of violation of human rights. Criminal cases heard in the federal courts are limited by federal crimes, such as kidnapping, bank robbery, espionage, sabotage, narcotics and others.

The federal courts are organized like a pyramid with three tiers.

The apex of the pyramid, the highest tribunal of the US, is the Supreme Courts. It is composed of a Chief Justice and eight associate justices, all of whom are appointed by the President and confirmed by the Senate for life terms.

Immediately below the Supreme Court stand 12Courts of Appeals created to facilitate the disposition of cases by the Supreme Court. The courts of appeals have no original jurisdiction; they are exclusively appellate courts. The parties may appeal the decision on the ground that the court made an error in concluding the trial, or on the ground that the law is unconstitutional.

At the bottom of the federal judicial pyramid are 95 District Courts which are located in 95 judicial districts into which the fifty states.

Outside the three layer federal system and in addition to it, Congress has established tribunals having specialized jurisdiction and administrative or regulatory agencies with practically judicial powers.

At first sight the judicial system of a particular state seems to lack any definite structure at all. On closer examination, however, the same three levels of courts are recognizable in the state court systems as in the federal court system.

At the lowest level are the trials courts composed of two divisions: minor trial courts and major trial courts.

Some of the most populous states have an Intermediate Court of Appeals above the trial courts and below the State Supreme Court. They review cases on points of law which come up to them from the trial courts.

State Supreme Courts hear cases of appeal from lower state courts and in a few instances have original jurisdiction.