Курсовая работа: Legal system
A fundamental value in the American
system of justice is that the stability of the society depends upon the ability
of the people to readily obtain access to the courts, because the court system
is the mechanism recognized and accepted by all to peacefully resolve disputes.
Denying access to the courts forces dispute resolution into other arenas and
results in vigilantism and violence.
The judicial systems of the United States are structured to ensure access to the courts and equal justice under law for
all citizens. The U.S. Constitution and the constitutions of all 50 states
contain specific articles on the judicial branch. The judicial systems of the United States are separate, coequal branches of government that maintain autonomy through
their own structures, authorities, and rules. The principle of judicial
independence, reflected in the federal and state constitutions and in American
legal and political history, allows judges to make decisions based on the law
and the facts of each case, rather than on popular opinion or political
considerations.
The judicial systems of the United States include the federal courts and separate court systems for all 50 states, the District of Columbia, and five territories. These different court systems handle
approximately 100 million cases per year, with the vast majority being heard in
state courts. At the federal level, approximately 2,200 judges serve across the
United States in the following capacities: justices of the Supreme Court, judges
of the courts of appeals, judges of the district courts, bankruptcy judges, and
magistrate judges. At the state level, approximately 31,000 judges serve on the
bench, from the highest court down to local courts of limited jurisdiction.
Each state and territory has the
authority to establish and operate its own court system. The structure of state
court systems varies from state to state. Some states have "unified,"
or simplified, systems of only two or three levels, while others have multiple
levels of court for different types of cases. Judges are selected by a variety
of different methods in the states, including appointment by governors, popular
election, and selection by the legislature. Terms of office for state judges
range from four years to lifetime tenure.
When discussing the idea of access to
the courts, mere access in the theoretical or legal sense is not enough;
rather, it is the results that flow from the decisions made by the courts that
give it meaning. For example, the value of "access" is evident when
the courts decide that no one, especially those in positions of power, is above
the law, or when access requires the right to counsel in cases where one's
liberty is in jeopardy.
The practical application of the
fundamental right to access the courts under the U.S. Constitution has been put
to the test throughout the nation's history. It has been claimed and challenged
by many.
Perhaps the importance of open access to
the courts is best recognized in the criminal justice sector in cases involving
the right to counsel. In the United States it has been established that, at
least in criminal matters involving the loss of liberty, a person cannot be
considered to have adequate access to justice unless the person is provided with
legal counsel.
An impartial, independent judiciary is
the guardian of individual rights in a democratic society. In order for
citizens to have faith in their court system, all people must have access to
the courts when necessary.
Real and meaningful access to the courts
is fundamental to the health and vitality of any democracy. It is the shield
used by citizens to protect themselves against tyranny, abuses, and simple
errors in judgment. Access to the courts is the lifeblood of the system because
from it flow all other rights. It helps preserve order when conflict arises and
keeps citizens actively participating in the proper use of their collective
power.
2.2 FACTS ABOUT
THE AMERICAN LEGAL SYSTEM
The
American system of justice long has guaranteed citizens the right to have their
legal disputes heard and resolved by an impartial judge or jury. The dispute
resolution system now firmly established in the United States is an adversarial
one—that is, the parties to a lawsuit take opposing sides when they appear
before the neutral finder of fact. Usually vigorously represented
by lawyers, the litigants—the parties to a lawsuit—present their evidence to
the judge or jury for a determination of liability or guilt. Traditionally it
has been thought that such an approach to the resolution of legal
disputes is the most effective way for the judge or jury to arrive at the truth
and to reach a fair finding.
In recent years, the use of alternative dispute resolution, including
mediation and arbitration, has become increasingly popular and accepted as a
means for parties to resolve their legal disputes.
The United States has one integral court system divided into two
components. One set of courts exists at the federal government level and
another set of courts is set up in each of the 50 states and the District of Columbia. While such a system may seem duplicative, the courts have different
responsibilities, and access to the two court systems provides citizens with
the greatest potential to have their legal disputes resolved quickly and
justly.
The federal judiciary, created under the authority of Article III of the
U.S. Constitution, has jurisdiction over “cases or controversies” arising from
federal questions and “diversity of citizenship” jurisdiction. In general, that
means that federal courts decide cases involving the U.S. government, the U.S.
Constitution, acts of Congress or treaties, or controversies between the states
or between the U.S. and a foreign government. They also hear disputes between
citizens of different states.
Federal and state courts have concurrent—or co-existent—jurisdiction over
certain matters, such as crimes involving drugs, which means litigants can
choose whether to litigate their dispute in federal or state court. Some legal
matters, however, can be litigated only in either federal or state court.
Bankruptcies and admiralty cases, for example, are handled exclusively in the
federal courts.
Viewed as a pyramid, the federal
court system has as its top level the U.S. Supreme Court. On the next level are
13 U.S. Courts of Appeals and the U.S. Court of
Appeals for the Armed Forces. On the next level are 94 U.S. district courts and such specialized courts as the U.S. Court of Federal Claims, the U.S. Tax
Court, the U.S. Court of Veterans Appeals and the U.S. Court of International
Trade.
The Supreme Court is the highest
appellate court in the country and the court of last resort for appeals from
cases heard in the other federal and state courts. The Supreme Court has what
is known as both original and appellate jurisdiction. Its original
jurisdiction—which means no other court hears the case before it comes to the Supreme
Court—is over disputes between two or more states and in cases where ambassadors
or public ministers are parties to a suit. Its
appellate jurisdiction—which means its authority to review cases that already
have been decided by a lower court—permits the Court to hear appeals from
federal circuit courts and from state courts of last resort.
Under authority granted it by
Congress, the Supreme Court determines its own caseload. The Court decides about 100 or fewer of some 5,000 or more cases that it is
asked to review each year. It usually accepts only those cases that involve
important interpretations of the Constitution, acts of legislative bodies and
treaties. Most of its decisions in those cases are announced in published
opinions.
The Court usually
disposes of the other cases that it has been asked to consider by issuing a
short decision rejecting the matter either because the subject matter is not
proper or the case is not sufficiently important to justify review by the
Court. In these cases, the decision of the last court that considered the
matter is the final judgment.
When the Supreme Court
decides to hear a case, the parties are required to file written briefs and the
Court generally hears oral argument. Justices sit en banc for oral arguments,
which means they all sit together in open court.
Surprisingly, there are no constitutional or statutory
qualifications for judges nominated to serve on any federal court—from the U.S.
Supreme Court to federal district courts. Judges don’t have to pass any
examination or meet any age requirement, nor are they required to have been
born in the U.S. or be legal residents. They don’t even have to have a law
degree.
Those who are nominated and confirmed to the federal bench,
however, typically are well-regarded private or government attorneys, state
court judges, magistrate judges or bankruptcy judges, or law professors.
Each court in the federal system has a chief judge who, in addition to
hearing cases, assumes administrative duties relating to the operation of the
court. The judge who has served on the court the longest and who is under 65
years of age is designated chief judge. Chief district and courts of appeals
judges may serve for a maximum of seven years. They may not serve as chief
judge beyond the age of 70.
Each circuit has a judicial council, consisting of the chief judge and an
equal number of court of appeals and district judges. One of the council’s main
jobs is caseload management. They also act on complaints about a judge’s
misconduct or disability.
The Judicial Conference of the United States is the chief
policymaking body for the federal courts. The Chief Justice of the United States is the presiding officer of the Judicial Conference. Twenty-six other judges
serve on the Judicial Conference—the chief judge of each of the federal
circuits, one district judge from each of the 12 regional circuits, and the
chief judge of the U.S. Court of International Trade. The conference meets
semiannually for two-day sessions. Besides establishing policy, the Judicial
Conference also identifies legislative requirements, recommends revisions to
the federal rules of practice and procedure, and has other administrative
responsibilities.
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