Overview of the U.S. Court System

 

【Abstract】Dueto federalism, both the federal government and each of the state governmenthave their own court system. Federal and most state court systems consist ofthree-levels—a trail level, an intermediate appellate level, and a finalappellate level. They all follow a legal doctrine known as “stare decisis”.

 

一、美国联邦最高法院U.S. Supreme Court

Member:

1.Eight associate justices plus one Chief Justice.

2.Nomination: be the power of the President

Appointment:be made with the advice and consent of the Senate.

3.Lifetime tenure. Meeting in Washington D.C for an annual term (from firstMonday in October to first week in July. ------So a three-month summer vacation?

Number: Unique one

Function:

1.Cases questioning the constitutionality of federal and state statues.

2.Appeals from lower level------the State’s highest court/federal Court ofappeals

3.Exercise of power: discretion to grant or deny, summary action------affirmed orvacated.

Feature: Unique one, Top level, the highest court in U.S.,All-binding legal force.

二、美国联邦上诉法院 U.S. Court of Appeals

Member: Usually a panel of three judges

Number: 11 numbered circuits (regional jurisdiction)+1Districtof Columbia Circuit 1Federal Circuit(national jurisdiction) = 13 THIRTEEN

Function: Appeals from lower level------ U.S.District Courts.

Feature: Second tier, binding within circuit.

三、美国联邦地方法院U.S. District Court

Member: Usually one judge a case

Number: a state one or more (determined by the populationand geographic area),94 in total

Function:

1.Civil or criminal cases arising under federal law

2.Cases where citizens of two or more states are in conflict

Feature: trial court, court of original jurisdiction.Opinions unpublished.

四、美国联邦特别法庭

Function: cases in a particular area of law.

Example:TheBankruptcy Court, Tax Court, Claims Court

五、美国州法院制度

Power Source: federalism of federal Constitution，StateConstitution

Levels: Supreme court--Intermediate Court of Appeals—statetrial court (Circuit or District Courts)--specializedcourts (probate court, juvenile court, family court, etc.)

 

 

附：重要法律英语概念、术语一览

Justice/judge/ magistrate

Hear/hearing/ rehearing

Guilt/Innocence

Jurisdiction

Precedent

Legaldoctrine

Staredecisis

Bevested in

Invest：provide with powerand authority

Tenure

Constitutionality

Discretionto grant or deny

Asummary action (to affirm or vacate with no explanation)

Opinion/Decision

Circuits

Panel

Appeal

Federalism

Legalmatters

Review

Magistrate

Arbiter

Lastresort