As a starting point, there are two court systems in the United States: The Federal Court System and The State Court System
The
Federal Court System
|
The
State Court System
|
Court System Structure
|
|
●
Article III of
the Constitution grants the judicial authority of the U.S. to a federal court
system, specifically establishes the U.S. Supreme Court, and gives Congress
authority to create the lower federal courts.
|
●
Each individual
State Constitution and laws establish its own state court system, which often
follow the federal court system structure.
A court of last resort, sometimes called the State Supreme Court, is
typically the court for that state.
|
●
Congress has
established 13 U.S. Courts of Appeals, 94 U.S. District Courts, and other
courts with a specific jurisdiction (U.S. Bankruptcy Court, U.S. Court of
International Trade, and the U.S. Court of Claims)
|
●
Following the
court of last resort, often designated the State Supreme Court, many states
have an intermediate level Court of Appeals, with the lowest level being
State Trial Courts (sometimes called Circuit or District Courts depending on
the state)
|
●
Parties
dissatisfied with a U.S. District Court may appeal to a U.S. Court of
Appeals. The party may then ask the
U.S. Supreme Court to review a decision by the Court of Appeals (although the
Supreme Court is generally under no obligation to hear)
|
●
Parties
dissatisfied with a decision from a trial court (or alternately named lower
court) may appeal to the intermediate court, usually the State Court of
Appeals. The party may then chose to
appeal to the state’s highest court, usually the State Supreme Court.
|
Judge Selection
|
|
●
The
Constitution prescribes that federal court judges be nominated by the
President and confirmed by the U.S. Senate.
|
●
State court
judges can be selected by election, appointment for a set number of years,
appointment for life, or a combination of appointment with elections.
|
Types of Cases Heard
|
|
|
|
Understanding the scope and breadth of influence from court decisions can begin by simply hearing which Court the ruling was from. While the rulings issued by SCOTUS (Supreme Court of the United States) are of the utmost importance, decisions handed down by the U.S. Court of Appeals can affect millions of Americans instantly. I found just being able to discern which types of cases are heard by federal or state courts immediately made understanding the characteristics of a Court’s opinion more straightforward.
No comments:
Post a Comment