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БИЛЕТ 28 The Judiciary in the USA

The Constitution of the United States divides the federal government into three branches to ensure a central government in which no individual or group gains too much control (system of checks and balances) :

  1. Legislative – Makes laws (Congress)
  2. Executive – Carries out laws (President, Vice President, Cabinet)
  3. Judicial – Evaluates laws (Supreme Court and Other Courts)

 The judicial branch interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution. The US has a dual court system composed of a federal judiciary and 50 states judiciaries. It is comprised of the Supreme Court and other federal courts.

Supreme Court - The Supreme Court is the highest court in the United States. It meets in the Supreme Court Building of white marble in Washington, D.C. the Supreme Court is made up of the Chief Justice and eight associate justices. They are all appointed by the President and approved by the Senate (with at least 51 votes). There are nine judges. There is no fixed term for justices. They serve until their death, retirement, or removal in exceptional circumstances. One of the most important duties of the justices is to decide whether laws passed by the Congress agree with the Constitution.

 

The federal court system

The State court system

  1. District court

       Courts of Appeals

       Special US Courts

       Supreme Court

  1. Federal courts hear cases involving:
  • Federal matters
  • Diversity of citizenship
  • Actions between states, a state and its citizens
  • Federal questions (interpreting the Constitution)
  • Admiralty cases (pertaining to the sea)
  • Patent and copyrights cases
  • Bankruptcy cases
  • Disagreement over taxes and disputes between taxpayers (Special US Courts)
  • Cases involving ambassadors, consuls, other public ministers (Supreme court)
  • Cases involving the constitutionally of the federal laws (Supreme court)
  1. Local Trial Courts

General trial Courts

Special Courts

Intermediate Appellate Court

Supreme Court

  1. Federal courts hear:
  • Cases of minor matters/ misdemeanors/ civil actions involving small amounts of money (local trial courts)
  • Cases of domestic relations (divorce, annulment, dissolution proceedings) (Special courts)
  • Jurisdiction over delinquent, unruly, abuse, neglecyed children (juvenile court)
  • Supreme court – the highest court in most states; decides matters of law appealed from lower courts

 

 

94 district courts are located in the states. Most cases and controversies start in district courts. Here almost all accused of committing federal crimes are tried.

The Court of Claims consisting of a chief justice and four associate justices was established in 1855. this court hears claims за private individuals against the government for breach of contracts, unpaid salary, property taken for public use and personal injuries. To adjudicate controversies arising within custom houses, the custom court was established in 1890.

 

 


09.07.2019; 01:18
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