U_S__Legal_System_English07.pdf

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The U.S. Legal System: A Short Description
Federal Judicial Center
bac kg ro u n d
The U.S. Constitution establishes a federal system of government. The constitution gives
specific powers to the federal (national) government. All power not delegated to the fed-
eral government remains with the states. Each of the
50
states has its own state constitu-
tion, governmental structure, legal codes, and judiciary.
The U.S. Constitution establishes the judicial branch of the federal government and
specifies the authority of the federal courts. Federal courts have exclusive jurisdiction only
over certain types of cases, such as cases involving federal laws, controversies between
states, and cases involving foreign governments. In certain other areas federal courts share
jurisdiction with state courts. For example, both federal and state courts may decide cases
involving parties who live in different states. State courts have exclusive jurisdiction over
the vast majority of cases.
Parties have a right to trial by jury in all criminal and most civil cases. A jury usually
consists of a panel of
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citizens who hear the evidence and apply the law stated by the
judge to reach a decision based on the facts as the jury has determined them from the
evidence at trial. However, most legal disputes in the United States are resolved before a
case reaches a jury. They are resolved by legal motion or settlement, not by trial.
st ruc t ur e o f th e f e d e ra l co u rt system
The U.S. Constitution establishes the U.S. Supreme Court and gives Congress the authority
to establish the lower federal courts. Congress has established two levels of federal courts
below the Supreme Court: the U.S. district courts and the U.S. circuit courts of appeals.
U.S. district courts are the courts of first instance in the federal system. There are
94
such district courts throughout the nation. At least one district court is located in each
state. District judges sit individually to hear
cases. In addition to district judges, bank-
Supreme Court
ruptcy judges (who hear only bankruptcy
cases) and magistrate judges (who perform
many judicial duties under the general su-
Courts of Appeals
Federal Circuit
pervision of district judges) are located
within the district courts. U.S. circuit courts
of appeals are on the next level. There are
Court of International
District Courts
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of these regional intermediate appel-
Trade, Claims Court, and
Court of Veterans Appeals
late courts located in different parts of the
t h e u.s. l e ga l s yste m : a s h o rt d es c ri pt i on
country. Panels of three judges hear appeals from the district courts. A party to a case may
appeal as a matter of right to the circuit court of appeals (except that the government has
no right of appeal in a criminal case if the verdict is “not guilty.”) These regional circuit
courts also hear appeals from decisions of federal administrative agencies. One non-re-
gional circuit court (the Federal Circuit) hears appeals in specialized cases such as cases
involving patent laws and claims against the federal government.
At the top of the federal court system is the U.S. Supreme Court, made up of nine
justices who sit together to hear cases. At its discretion, the U.S. Supreme Court may hear
appeals from the federal circuit courts of appeals as well as the highest state courts if the
appeal involves the U.S. Constitution or federal law.
st ruc t ur e o f stat e co u rt s yst e ms
The structure of state court systems varies from state to state. Each state court system has
unique features; however, some generalizations can be made. Most states have courts of
limited jurisdiction presided over by a single judge who hears minor civil and criminal
cases. States also have general jurisdiction trial courts that are presided over by a single
judge. These trial courts are usually called circuit courts or superior courts and hear major
civil and criminal cases. Some states have specialized courts that hear only certain kinds
of cases such as traffic or family law cases.
All states have a highest court, usually called a state supreme court, that serves as an
appellate court. Many states also have an intermediate appellate court called a court of
appeals that hears appeals from the trial court. A party in a case generally has one right of
appeal.
cou rt ad mi n i strat i on
The judicial branches of the federal and state governments are separate from the legisla-
tive and executive branches. To insure judicial independence, the judicial branches of the
federal and state governments control the administration of the courts. Court administra-
tion includes managing court budgets, prescribing rules of trial and appellate procedure,
reviewing judicial discipline matters, offering continuing educational programs for judges,
and studying court performance.
In the federal judiciary, the Judicial Conference of the United States, made up of
27
members (the Chief Justice of the United States and
26
judges from each geographic re-
gion of the United States) has overall administrative responsibility for the courts and has
primary authority to make policy regarding the operation of the judicial branch of the
government. The Judicial Conference is assisted by a large number of committees made
up of federal judges (and sometimes also state court judges and attorneys) who study
different parts of the federal court system and make recommendations. An important re-
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t h e u.s. l e ga l s yste m : a s h o rt d es c ri pt i on
sponsibility of the Judicial Conference is to recommend changes in the rules of procedure
used by all federal courts.
Congress has created three administrative agencies within the judicial branch. The
Administrative Office of the U.S. Courts manages the day-to-day operations of the courts,
including such matters as payroll, equipment, and supplies. The Federal Judicial Center
conducts educational and training programs for judges and court personnel and does
research in the fields of court operations and administration. The U.S. Sentencing Com-
mission develops advisory guidelines for federal judges in imposing criminal sentences.
In most state court systems, the state supreme court has overall administrative authority
over the court system. It is assisted by an administrative office. The chief justice of the
state supreme court usually appoints the director of the state court administrative office.
j u dg es
Justices of the U.S. Supreme Court and circuit and district judges are appointed by the
President of the United States if approved by a majority vote of the U.S. Senate. These
justices and judges serve “during good behavior”— in effect, a life term. Presidents usu-
ally nominate persons to be judges who are members of their own political party. Persons
appointed are usually distinguished lawyers, law professors, or lower federal court or
state court judges. Once these judges are appointed their salaries cannot be reduced. Fed-
eral judges may only be removed from office through an impeachment process in which
charges are made by the House of Representatives and a trial is conducted by the Senate.
In the entire history of the United States, only a few judges have been impeached and
those removed were found to have committed serious misconduct. These protections allow
federal judges to exercise independent judgment without political or outside interference
or influence.
The methods of selecting state judges vary from state to state and are often different
within a state, depending on the type of court. The most common selection systems are by
commission nomination and by popular election. In the commission nomination system,
judges are appointed by the governor (the state’s chief executive) who must choose from a
list of candidates selected by an independent commission made up of lawyers, legislators,
lay citizens, and sometimes judges. In many states judges are selected by popular election.
These elections may be partisan or non-partisan. Candidates for judicial appointment or
election must meet certain qualifications, such as being a practicing lawyer for a certain
number of years. With very few exceptions, state judges serve specified, renewable terms.
All states have procedures governing judicial conduct, discipline, and removal.
In both the federal and state systems, judicial candidates are almost always lawyers
with many years of experience. There is no specific course of training for judges and no
examination. Some states require judges to attend continuing education programs to learn
about developments in the law. Both the federal and state court systems offer beginning
and continuing education programs for judges.
t h e u.s. l e ga l s yste m : a s h o rt d es c ri pt i on
pro sec utor s
Prosecutors in the federal system are part of the U.S. Department of Justice in the execu-
tive branch. The Attorney General of the United States, who heads the Department of
Justice, is appointed by the President with Senate confirmation. The chief prosecutors in
the federal court districts are called U.S. attorneys and are also appointed by the President
with Senate confirmation. Within the Department of Justice is the Federal Bureau of In-
vestigation, which investigates crimes against the United States.
Each state also has an attorney general in the state executive branch who is usually
elected by the citizens of that state. There are also prosecutors in different regions of
the state, called state’s attorneys or district attorneys. These prosecutors are also usually
elected.
law yer s
The U.S. legal system uses the adversarial process. Lawyers are essential to this process.
Lawyers are responsible for presenting their clients’ evidence and legal arguments to the
court. Based on the lawyers’ presentations, a trial judge or jury determines the facts and
applies the law to reach a decision before judgment is entered.
Individuals are free to represent themselves in American courts, but lawyers are often
necessary to present cases effectively. An individual who cannot afford to hire a lawyer
may attempt to obtain one through a local legal aid society. Persons accused of crimes
who cannot afford a lawyer are represented by a court-appointed attorney or by federal or
state public defender offices.
American lawyers are licensed by the individual states in which they practice law. There
is no national authority that licenses lawyers. Most states require applicants to hold a law
degree (Juris Doctor) from an accredited law school. An American law degree is a post-
graduate degree awarded at the end of a three-year course of study. (Normally individuals
complete four years of college/university before attending law school). Also, most states
require that applicants for a license to practice law pass a written bar examination and
meet certain standards of character. Some states allow lawyers to become bar members
based on membership in another state’s bar. All states provide for out-of-state lawyers to
practice in the state in a particular case under certain conditions. Lawyers can engage in
any kind of practice. Although there is no formal distinction among types of legal prac-
tice, there is much informal specialization.
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