Право/13. Международное право

М.ю. Корытникова Н.А.

Костанайский государственный университет им. А. Байтурсынова, Казахстан

Judicial system of the United States of America

(brief overview)

The U.S. Constitution created a governmental structure for the United States known as federalism. Federalism refers to a sharing of powers between the national government and the state governments. Both the federal and state governments need their own court systems to apply and interpret their laws. Furthermore, both the federal and state constitutions attempt to do this by specifically spelling out the jurisdiction of their respective court systems. For example, since the Constitution gives Congress sole authority to make uniform laws concerning bankruptcies, a state court would lack jurisdiction in this matter [1]. Likewise, since the Constitution does not give the federal government authority in most matters concerning the regulation of the family, a federal court would lack jurisdiction in a divorce case. This is why there are two separate court systems in America. The federal court system deals with issues of law relating to those powers expressly or implicitly granted to it by the U.S. Constitution, while the state court systems deal with issues of law relating to those matters that the U.S. Constitution did not give to the federal government or explicitly deny to the states [2].

The term “federal court” can actually refer to one of two types of courts. The first type of court is what is known as an Article III court. These courts get their name from the fact that they derive their power from Article III of the Constitution. These courts include (1) the U.S. District Courts, (2) the U.S. Circuit Courts of Appeal, and (3) the U.S. Supreme Court. They also include two special courts: (a) the U.S. Court of Claims and (b) the U.S. Court of International Trade. These courts are special because, unlike the other courts, they are not courts of general jurisdiction. Courts of general jurisdiction can hear almost any case. All judges of Article III courts are appointed by the President of the United States with the advice and consent of the Senate and hold office during good behavior.

The second type of court also is established by Congress. These courts are (1) magistrate courts, (2) bankruptcy courts, (3) the U.S. Court of Military Appeals, (4) the U.S. Tax Court, and (5) the U.S. Court of Veterans' Appeals. The judges of these courts are appointed by the President with the advice and consent of the Senate. They hold office for a set number of years, usually about 15. Magistrate and bankruptcy courts are attached to each U.S. District Court. The U.S. Court of Military Appeals, U.S. Tax Court, and U.S. Court of Veterans' Appeals are called Article I or legislative courts [3].

No two state court systems are exactly alike. Nevertheless, there are sufficient similarities to provide an example of what a typical state court system looks like. Most state court systems are made up of (1) two sets of trial courts: (a) trial courts of limited jurisdiction (probate, family, traffic, etc.) and (b) trial courts of general jurisdiction (main trial-level courts); (2) intermediate appellate courts (in many, but not all, states); and (3) the highest state courts (called by various names). Unlike federal judges, most state court judges are not appointed for life but are either elected or appointed (or a combination of both) for a certain number of years.

Trial courts of limited jurisdiction are courts that deal with only specific types of cases. They are often located in/near the county courthouse and are usually presided over by a single judge. Some examples of trial courts of limited jurisdiction include:

1. Probate court: This court handles matters concerning administering the estate of a person who has died (decedent). It sees that the provisions of a will are carried out or sees that a decedent's property is distributed according to state law if he/she died intestate (without a will).

2. Family court: This court handles matters concerning adoption, annulments, divorce, alimony, custody, child support, etc.

3. Traffic court: This court usually handles minor violations of traffic laws.

4. Juvenile court: This court usually handles cases involving delinquent children under a certain age, for example, 18 or 21.

5. Small claims court: This court usually handles suits between private persons of a relatively low dollar amount, for example, less than $5,000.

6. Municipal court: This court usually handles cases involving offenses against city ordinances.

Trial courts of general jurisdiction are the main trial courts in the state system. They hear cases outside the jurisdiction of the trial courts of limited jurisdiction. These involve both civil and criminal cases.

Many, but not all, states have intermediate appellate courts between the trial courts of general jurisdiction and the highest court in the state.

All states have some sort of highest court. While they are usually referred to as supreme courts, some, such as the highest court in Maryland, are known as courts of appeal. In states with intermediate appellate courts, the highest state courts usually have discretionary review as to whether to accept a case. In states without intermediate appellate courts, appeals may usually be taken to the highest state court as a matter of right.

The judicial system in the United States is unique insofar as it is actually made up of two different court systems: the federal court system and the state court systems. While each court system is responsible for hearing certain types of cases, neither is completely independent of the other, and the systems often interact. Furthermore, solving legal disputes and vindicating legal rights are key goals of both court systems.

Literature:

1 Еhe Constitution of the United States of America // http://www.law.cornell.edu

2 Конституционное государственное право зарубежных стран: Америка и Азия http://www.bibliotekar.ru/konstitucionnoe-pravo

3Судебная система США http://usa.allcourts.ru

4 http://www.uscourts.gov