US judicial system and its structure

The US judiciary , as in any other democratic country, is one of the three pillars of government. Along with the President and Congress, the Supreme Court, according to the Constitution of the United States of America, is one of the highest bodies of the hierarchy with governing powers. But since the country is a community of almost independent regions, a characteristic feature of its judicial system is manifested in the absence of a single system. We can say that on the territory of the state at the same time there are more than 50 separate, parallel judicial systems in each state and a separate federal network.

The lack of a single vertical line pervading the entire structure of American justice is explained by historical prerequisites that influenced the formation of the legal system of each state. However, we can distinguish the main signs of the division of the judiciary on which the American judicial system is based. These are three (in small states or districts by territory or population - two) levels of the general authorities, which are supplemented by all kinds of institutions with limited powers. The first step in such a structure is the district courts of general jurisdiction. They initially hear civil and criminal cases, except for those that, according to their specifics, should be considered by specialized departments.

The United States judicial system has generated many such specialized specialized agencies. In other countries, these are mainly military tribunals, but here we see a wide range of various lawsuits and cases that are sent to these bodies. This may be, for example, trials on juvenile issues, domestic violence, bankruptcy, litigation due to the territorial division of land between owners, tax cases, foreign trade, and others. The district magistrates' courts have federal magistrates, which have auxiliary functions, as well as conduct cases of minor offenses for which the law provides for no more than $ 1,000 of a fine or a year in prison.

If a citizen wants to challenge the verdict or decision of the first-instance justice body, the US judicial system gives him this opportunity: you only need to send an appropriately filed complaint to one of the 13 appellate instances that were established in 1891 and are an intermediate step between the district boards and the Supreme Court USA. The territorial jurisdiction of each such court extends to a different number of states (from three to ten). The meeting is attended by a special member of the US Supreme Court assigned to this institution.

At the federal level, the US judicial system is embodied in various instances of the โ€œsupernumeraryโ€ level and the country's Supreme Court as the dominant body. It has nine judges. They are all appointed by the President and undergo Senate approval. The President of the Supreme Court is also appointed from above. Decisions in this body are made by a quorum when six people vote for it. The jurisdiction of this court includes consideration of complaints against lower-level institutions if they raise issues of federal importance or if the decision was made on the basis of laws that are contrary to the Constitution of the United States of America. As a first step in the process, federal courts handle litigation between states or cases involving patents, maritime communications, copyrights, and foreign ambassadors.

The US judicial system is not limited to the borders of the country. County authority is also available in four territories in other countries (such as Puerto Rico) controlled by the United States. As you can see, the ramified system of justice gives the US citizen protection and the right to appeal at all levels. To this extensive list, tribal colleges operating on the reserves of the indigenous population can also be added. They deal with litigations between Indians - members of the settlement.

Source: https://habr.com/ru/post/F2342/


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