Trial Courts of Limited Jurisdiction

Trial courts of limited jurisdiction are courts that deal with only specific types of cases. They are usually presided over by a single judge. Some examples of trial courts of limited jurisdiction include:

1. Probate court: This court handles matters concerning administering the estate of a person who has died (decedent). It sees that the provisions of a will are carried out or sees that a decedent’s property is distributed according to state law if he/she died intestate (without a will).

2. Family court: This court handles matters concerning adoption, annulments, divorce, alimony, custody, child support, etc.

3. Traffic court: This court usually handles minor violations of traffic laws.

4. Juvenile court: This court usually handles cases involving delinquent children under a certain age, for example, 18 or 21.

5. Small claims court: This court usually handles suits between private persons of a relatively low dollar amount, for example, less than $5,000.

6. Municipal court: This court usually handles cases involving offenses against city ordinances.

Trial Courts of General Jurisdiction

Trial courts of general jurisdiction are the main trial courts in the state system. They hear cases outside the jurisdiction of the trial courts of limited jurisdiction. These involve both civil and criminal cases. One judge (often sitting with a jury) usually hears them. In such cases, the judge decides issues of law, while the jury decides issues of fact.

Intermediate Appellate Courts

Many, but not all, states have intermediate appellate courts between the trial courts of general jurisdiction and the highest court in the state. Any party, except in a case where a defendant in a criminal trial has been found not guilty, who is not satisfied with the judgment of a state trial court may appeal the matter to an appropriate intermediate appellate court. These courts usually sit in panels of two or three judges.

Highest State Courts

All states have some sort of highest court. While they are usually referred to as supreme courts, some, such as the highest court in Maryland, are known as courts of appeal. In states with intermediate appellate courts, the highest state courts usually have discretionary review as to whether to accept a case. In states without intermediate appellate courts, appeals may usually be taken to the highest state court as a matter of right. In addition, many state supreme courts have original jurisdiction in certain matters. For example, the highest courts in several states have original jurisdiction over controversies regarding elections and the reapportionment of legislative districts. These courts often sit in panels of three, five, seven, or nine judges/justices.

Подберите для каждого названия американского суда его русский эквивалент.

a) Суд по делам несовершеннолетних

b) Промежуточный апелляционный суд

c) Муниципальный суд (суд первой инстанции в ряде штатов США)

d) Суд по делам о нарушений правил безопасности движения

e) Суд по делам о наследстве

f) Суд малых исков

g) Суд по семейным делам

1. Probate court ____________
2. Family court ______________
3. Traffic court ______________
4. Juvenile court ______________
5. Small claims court _______________
6. Municipal court ___________________
7. Intermediate appellate courts _________________

Ответьте на вопросы по тексту.

1. What types of courts are most state court systems made up of?
2. What cases do trial courts of limited jurisdiction deal with?
3. What jurisdiction does the Probate court have? What cases does it hear?
4. What cases does the Family court examine?
5. What is the jurisdiction of the Traffic court?
6. What cases does the Juvenile court handle?
7. What cases does the Small claims court handle?
8. What cases does the Municipal court handle?
9. What is the jurisdiction of trial courts of general jurisdiction?
10. What is the role of intermediate appellate courts?
11. What is the jurisdiction of highest state courts?

Изучите виды судебных дел, которые представлены ниже, и распределите их по соответствующим колонкам. Скажите, к юрисдикции какого суда относится каждое дело. Вспомните содержание текстов из упражнений 3 и 7.

1. Bankruptcy matters
2. Family law issues
3. Most personal injury lawsuits
4. Probate and inheritance matters
5. Crimes under statuses enacted by congress
6. Admiralty cases
7. Real property issues
8. Patent, copyright, and other intellectual property issues
9. Traffic violations and other misdemeanors occurring on certain federal property
10. Most traffic violations and registration of motor vehicles
11. Crimes under state legislation
12. State constitutional issues and cases involving state laws or regulations
13. Most cases involving federal laws or regulations (for example: tax, Social Security, broadcasting, civil rights)
14. Disputes between states
15. International trade law matters
16. Most private contract disputes (except those resolved under bankruptcy law)
17. Most issues involving the regulation of trades and professions
18. Cases involving rights under treaties, foreign states, and foreign nationals
19. Matters involving interstate and international commerce, including airline and railroad regulation
20. Most workers’ injury claims
21. Crimes under state legislation

FEDERAL COURTS	STATE COURTS

Unit 5