Unit 5. The system of courts in the united states

The judicial branch has the responsibility of judging the constitutionality of acts of law.

According to article III of the Constitution "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish".

There are about 100 Federal courts throughout the country, final, authority resting in the United States Supreme Court.

The U.S. Supreme Court is the highest tribunal in the United States. It includes a Chief Justice and eight associate Justices. They are all appointed by the President and approved by the Senate.

Under the Constitution the Supreme Court has original jurisdiction (i.e., it is the court in which proceedings may be brought in the first instance) in cases affecting ambassadors, other public ministers and consuls and cases in which a state is a party. In all other cases coming within the judicial power of the United States, the Supreme Court's jurisdiction is only appellate, and is subject to exceptions and regulations by the Congress.

The Supreme Court cannot alter the Constitution. The Court's function is to interpret the Constitution, not to alter or modify it.

The Supreme Court meets on the second Monday in October for a session which generally extends through to July.

The Supreme Court is made up of lawyers who had long and successful experience before they were appointed to the Court. Not all were justices or lawyers in private practice. A Supreme Court Justice may have been a senator, an Attorney General, a teacher in a law school, or even the administrator of an agency that acts like a court. The typical justice was probably appointed at about the age of fifty, and will live from twenty to forty years on the court. He is therefore likely to be somewhat elderly, and also to have lived in close contact with the political world of the previous generation.

Besides the U.S. Supreme Court there are various other Federal courts, including the district courts and (circuit) courts of appeals.

The Federal courts and the regulating agencies that act somewhat like courts, apply the law to particular cases; but they do some more than that. For the words of the written law cannot be all the law. New cases arise, and the law must deal with them. Sometimes Congress passes new laws to deal with new cases.

The Courts of Appeal were organised to relieve the Supreme Court of pressure resulting from the accumulation of appellate cases. In general these courts have final jurisdiction over the great mass of litigation not involving constitutional questions. For example, parties from different states have their case heard in a high Federal Court without going to the Supreme Court.

A United States Court of Appeals generally comprises three judges. (The Chief Justice and associate justices of the Supreme Court are authorised to assign additional circuit court judges to such courts as may need them.)

A Court of Appeals accepts the facts sent up to it by the lower courts, and therefore does not need a jury. Its work is to decide on disputed questions of law. As a rule a court of Appeals sits with three judges together on the bench. This court's principal duty is to protect the Supreme Court from routine cases of no political importance. Its decisions may be so clear and well grounded that the Supreme Court will refuse to go into the question further, in which case the Court of Appeals has stated the supreme law of the land, at least for the exact circumstances of that case.

The inferior courts in the federal system have somewhat less political importance, since their principal duty is to settle routine cases where no constitutional question is at stake. At the ground level are the District Courts with about two hundred district judges scattered over the United States. These courts handle both civil and criminal cases that come under the jurisdiction of the Federal laws. By the Constitution they are required to give a jury trial in all except civil cases involving less than twenty dollars.

The District Courts have original jurisdiction in nearly all cases. That is, they collect the facts. The district court is the only Federal court where trials are held, juries are used, and witnesses are called. Criminal cases are tried by a judge sitting with a jury whose duty is to hear the evidence, the speeches of prosecuting and defending counsel, the remarks of the judge and reach a unanimous decision as to whether the accused is guilty or not of the crime he is charged with (of the crime charged to him). (Under the common law, a trial by jury must consist of twelve persons and their decision must be unanimous. The national government and many states authorise trial by less than twelve in certain cases and a decision by less than a unanimous vote. Generally the jury is to judge of the facts, though some states permit the jury to determine the law and the punishment as well as the facts.)

Each state has at least one district court; a few have as many as four. District courts are also found in Washington, D.C., and the territories of Puerto Rico, Guam, the Virgin Islands, and Panama Canal Zone. Each court has from one to twenty four judges, depending on the volume of business, but each judge holds court separately. Certain cases are heard by a three-judge panel. All judges are appointed for life terms by the President with the Senate's consent except those serving in territorial courts that have eight years' term

The bulk of judicial work in Federal courts is conducted by the district courts. About 100,000 cases a year are tried, mostly civil cases involving such matters as admiralty law, bankruptcy proceedings, civil rights, and postal laws.

The parties may appeal the decision either on the ground that the court made an error in concluding the trial, or on the ground that the law is unconstitutional. The appeals go up to the middle layer or Federal courts, the (Circuit) Courts of Appeals.

Outside the three-layer federal court system there are a number of special courts, such as the Court of Claims, the Tax Court, and the Court of Customs and Patent Appeals. The special courts have been established to handle cases that are difficult for a judge to understand unless he devoted his whole time to this one type of problem. The special courts are on a borderline between strictly "judicial" courts and the administrative agencies with practically judicial powers, through which the government regulates certain kinds of business.

In most of the states the lowest courts are the magistrates or police courts, where the judge or magistrate (the justice of the peace) can send a drunk to jail for thirty days, or fine a motorist for speeding, without the aid of jury. Some of the states have special traffic courts, probate courts or other special courts among their courts of small claims. The magistrate (the judge of the lowest court) may also have authority to receive a man accused of murder and decide whether to hold him for trial in a higher court.

1. Consult a dictionary, transcribe the following words and practice their pronunciation:

judiciary

judicial

justice

chief justice

jurisdiction

appellate

circuit

probate

attorney

biased

offence / offender

responsibility

ambassador

circumstances

litigation

jury/juror

inferior

alter

prosecuting

prosecutor

magistrate

2. Explain the meaning of, or paraphrase the following:

1 to judge the constitutionality of an act;

2 to alter the Constitution;

3 new cases arise;

4 a great mass of litigation;

5 to accept the facts sent up by the lower courts;

6 to decide on disputed questions of law;

7 to protect the Supreme Court from routine cases;

8 to settle routine cases;

9 where no constitutional question is at stake;

10 to handle both civil and criminal cases;

11 the bulk of individual work;

12 to hold somebody for trial in a higher court;

13 Federal courts rest upon Federal law.

3. a) Suggest your own version of translating the following:

Circuit Court. A general trial court in the states, sometimes called a district court or a superior court. In many states, the court serves several counties and the judges go on "circuit" from one county to another according to schedule. In most states, the judges of these courts are elected by the voters of a particular county or circuit, with terms varying from two to six years. These are courts of original jurisdiction where important civil and criminal cases begin, trials are heard, and juries are frequently used. Cases from minor courts, such as justices of the peace or municipal courts may be appealed to the circuit court. From circuit courts, cases may be appealed to the higher state courts.

Court of Appeals. In the national court system the appellate court is below the Supreme Court. A few states have an intermediate court of appeals, although in Kentucky, Maryland and New York, the highest state court is called the Court of Appeals. On the national level there are eleven courts of appeals. The country is divided into eleven "circuits" including the District of Columbia. Prior to 1948, these courts were known as the Circuit Courts of Appeals. The United States courts of appeals have only appellate jurisdiction being empowered to hear appeals from decisions of independent regulatory commissions, such as the Federal Trade Commission, or Interstate Commerce Commission. Each court normally hears cases in panels of three judges but, on occasion, a full court of nine judges will sit. In most appeals, decisions of the courts of appeals are final, since few cases reach the Supreme Court.

Court of Claims. A court established in 1855 to hear claims of private individuals against the Government for breach of contracts, for injuries caused by negligent behaviour of government employees, or for recovery of other claims, such as back pay. In most cases its decisions are final, since the Supreme Court rarely accepts a case from the Court of Claims.

Probate Court. A court used in about one-half the states, with jurisdiction over wills, estates, guardians and minors. Probate courts are found at the county level; in states without separate probate courts, such matters are handled by regular county courts. In some areas probate courts are called surrogate courts. Much of the work connected with probate courts is administrative in nature, concerned largely with proper handling of minors and estates by guardians and administrators. Juries are rarely used. Probate judges are usually elected.

District Attorney. A county official, elected in all but six states for two or four years terms, who represent the state in prosecutions against the violations of criminal law. In some states he is called a county attorney, county prosecutor, or, simply prosecutor. Prosecutions for the national government are handled by United States Attorneys.

Decision of whether to prosecute alleged violations are within their discretionary powers, often conditioned by their political ambitions. The conduct of the office may well depend upon the political climate in a given county, resulting in an uneven application of criminal law within the state.

Justice of the Peace. A judicial officer empowered to try minor civil and criminal cases, such as traffic violations or breaches of peace. In some areas, he conducts preliminary hearings to determine whether a person should be held for trial in a higher court. The justice of the peace is usually elected in rural areas and small towns for a two-year term. In some states this office is by executive appointment. He is generally paid through fees. Not many justices are learned in the law, although a few states require a law degree. The fee system, it is charged, leads to corruption and biased judgement. In many urban areas, the office of justice of the peace is being replaced by municipal courts.

Magistrate, a minor judicial officer, usually elected in urban areas, with jurisdiction over traffic violations, minor criminal offences, and civil suits involving small amounts of money. Magistrates may also conduct preliminary hearings in serious criminal cases and commit the offender to trial in a higher court. In some areas the magistrate court is called a police court, and its authority is similar to that of a justice of the peace serving in a rural area. Juries, though rarely used in magistrate courts, may consist of only six jurors.

Magistrate courts have been established to handle the large number of cases which arise in urban communities. Unlike the justice of the peace, a magistrate is usually paid a salary rather than a fee per case. The magistrate can dispose of large numbers of petty offences, thereby relieving the burden on higher courts and facilitating matters for offenders. Increasingly, cities are turning to specialised courts, such as traffic courts and domestic relations courts, to handle the large volume of work.

b) Add 2-3 sentences of your own to each of the points. Retell this text.

4. Write out all legal terms from paragraphs 13-14 of the text "The System of Courts..." and explain their meaning (or translate them into Ukrainian). Make up 5-6 sentences of your own with the legal terms written out.

5. Prepare the first page of the text "The System of Courts in the USA" for control reading. Ask 5-6 questions about the page. Answer them using parentheses of the kind: as far as I know; as far as I remember; it is interesting to note; to my mind; it is worth singling out; in short...; apparently...; it is a pity but...; what beats me is...

6. Fill in the blanks with prepositions.

1. He was charged... a serious crime. 2. This is guaranteed... the "due process" and the "equal protection" clauses... the Constitution. 3. Justices take oaths to "do equal justice"... the poor and... the rich. 4. Actually the poor often meet... less than the same justice... the rich... American courts. 5. This problem extends... the average wage-earner as well. 6. Poor people are often arrested... crimes they did not commit. 7. The defendant was ultimately acquitted... appeal. 8. He envied the investigatory resources available... the prosecution. 9. Probation and parole frequently depend... the availability... a job. 10. The accused has to disclose his case... advance. 11. After conviction he was placed... probation. 12. Nobody knew whether he would continue to remain... liberty. 13. He was expected to be paroled... the penitentiary. 14. The fine was imposed... a petty offence.

7. Make a written translation of the following text. Memorise the word list of legal terms after the text.

ADMINISTRATION OF JUSTICE IN GREAT BRITAIN AND THE USA

Persons offending against the law are summoned before a court of law. The summons issued by a court states the charges moved against the offender by the persons suing him. When a defendant is brought before a court the charge is read out to him and he is asked whether he pleads guilty or not guilty. If he pleads guilty he is sentenced by the court. If he pleads not guilty, a jury of 12 persons must be formed and summoned to attend the court. When the jurors are sworn the trial proceeds.

The trial is carried on by opening the case for the prosecuting party and hearing the evidence of the witnesses for the prosecution. On the completion of the plaintiffs case and evidence, the defendant's case is stated and evidence is heard in support of it.

The accused is entitled to be defended by a counsel. Witnesses for the prosecution may be cross-examined by the accused or his counsel and the accused may call witnesses or give evidence in his own defence. At the conclusion of the evidence, and after speeches on both sides, the judge sums up the case to the jury, who considers its verdict.

If they decide that the accused is not guilty, i.e. if they acquit him, he is immediately discharged. If the jury returns the verdict of guilty, sentence is pronounced by the judge.

The punishments that can be inflicted for crime are as follows:

Electrocution (U.S.); life imprisonment; imprisonment consisting in corrective training or preventive detention; Borstal training, approved schools, detention centres, etc. for juvenile delinquents, i.e. persons between 16 and 21, convicted of offences punishable with imprisonment; fine - a money penalty, generally imposed for minor offences; probation - placing the offender under the supervision of a probation officer; and so on.

The defendant may appeal against the sentence to the Court of Appeal. If a point of law of exceptional public importance is involved, a further appeal is permitted to the House of Lords which is the supreme judiciary body of Great Britain (in the USA it is the U.S. Supreme Court).

In England, minor cases are dealt with summarily (i.e. without a jury) by magistrates' courts presided over by Justices of the Peace (JPs).

Juvenile courts are magistrates' courts which deal with young people under 17 years of age.

Courts of quarter sessions are held four times a year in counties and boroughs. Their jurisdiction covers all but the most serious offences.

The most serious offences, such as murder, can be tried only by the courts of assize. Assizes are held three times a year in county towns and in certain big cities. Trial before the assize courts is by judge and jury. The court of assize for London is the central criminal court, held at the Old Bailey.

The court of first instance in the United States is the district court. The districts are grouped into judicial circuits, in each of which is a court of appeals (a circuit court) to review decisions of district courts within its territory.

The U.S. Supreme Court is composed of a Chief Justice and eight associate Justices all of whom are appointed by the President and hold office "during good behaviour". Among the cases to which the federal judicial power extends are all cases arising under the Constitution and the laws of the United States.