Лекция: The Federal Judiciary

In the federal system there are 90 District Courts presided over by a district judge, which hear criminal cases involving breaches of federal law and civil cases on federal matters (disputes between states, non-payment of federal taxes, etc.).

Appeals can be made to the United States Court of Appeals, where an appeal is heard by three judges, although in very important cases all nine appeal judges sit together. In vast majority of cases this court’s decision is final and sets a precedent for future cases, although this precedent is not always binding on the Supreme Court.

Although not explicitly given the power of judicial review – the power to decide whether the actions of the President, Congress or state government violate the Constitution – this is the important role that the Supreme Court has developed in the legal system. The Supreme Court judges, of whom there are normally nine (though Congress may alter this number) are nominated for life by the President after being approved by the Senate.

The judicial systems of the states vary greatly in structure and procedures. Generally speaking, however, at the lowest level there are Justices of the Peace Courts, presided over by elected lay magistrates, which deal with minor offences. Then come the County Courts, which deal with the majority of civil and criminal cases. Appeals go to the District Court of Appeals, while the State Supreme Court has the same role as the United States Supreme Court in the federal system. The most controversial aspect of state judiciaries is that in more than two-thirds of the states judges (including those in the Supreme Court) are elected.