Jurisdictions of the Federal and State Court Systems

The national and state governments have different, but sometimes overlapping, spheres of power. This holds true also for their court systems. The power of a court system to hear and decide a case is called its jurisdiction.

A case may originate in either a federal or a state court, depending on the nature of the suit.

Although there are many types of courts, the main state and federal judicial systems involve general, trial courts, with appeals taken to one or more higher courts.

Federal courts have particularized subject-matter jurisdiction, usually based on "federal questions" or diversity jurisdiction. State courts have general subject-matter jurisdiction.

Courts follow their own procedural law. However, in some cases, they may apply the substantive law of another state.

For torts, the applicable law is usually that where the injury occurred.

For contracts, courts generally look to the law intended (expressly
or implicitly) by the parties to the contract.

The federal courts were provided for in the Constitution of the United States on the theory that the judicial power of the federal government could not be entrusted to the states, which was necessary for a strong national government. Congress passed the Judiciary Act of 1789, organizing the Supreme Court of the United States and establishing a system of federal courts of inferior jurisdiction.

The U.S. Supreme Court has original jurisdiction when the parties include
ambassadors or other foreign officials, or when two states are the opposing
parties. However, almost all of the cases heard by the Supreme Court arise
out of its appellate jurisdiction: the power to hear appeals from other courts'
decisions. Appeals generally involve interpretation of constitutional law
and/or federal statutes.

A decision of the Supreme Court cannot be appealed to any other court. Neither the President nor Congress can change their decisions.

The Supreme Court consists of a chief justice and eight associate justices. They are nominated by the President but must be approved by the Senate. Once approved, they hold office as Supreme Court justices for life.

Other federal courts are the district courts, the courts of appeals, the Claims Court, the Court of International Trade, the Tax Court, and the territorial courts established in the federally administered territories of the United States.

The federal courts' power is limited to actual “cases or controversies”. This provision has prevented federal courts from furnishing advisory opinion, even if requested by another branch of government. (Many state courts can and do issue advisory opinions). The case must be a real dispute between opposing parties with actual interests in the case (standing to sue, because of direct and immediate injury from, or other such connection with, the mater at issue). The proceeding must be in an adversarial format. Federal district courts have original jurisdiction(meaning that proceedings commence there) over federal criminal cases and certain specified civil cases.

The federal courts are limited to hearing cases specifically placed within their power (subject-matter jurisdiction) by the U.S. Constitution or other laws. Numerous federal statutes, as well as certain exclusively federal areas under the Constitution (e.g., admiralty, bankruptcy, patents, copyrights), give the federal courts a vast array of subjects to decide; these areas are called federal questions (cases involving the federal constitution, statutes, or treaties). While sometimes federal court jurisdiction is exclusive (e.g., prosecution of persons charged with violating federal criminal laws), in some areas jurisdiction is concurrent, that is, state courts can also hear cases on these subjects.

In addition to federal questions, Congress has provided another form of subject-matter jurisdiction to the federal courts: diversity jurisdiction. This means that, when the opposing parties in a civil lawsuit are citizens of different states, a matter based on state law (and normally brought before a state court) can be heard in federal court if one of the parties requests it and if the amount in controversy is above $50,000. (Corporations are treated as being "citizens" of both their place of incorporation and their principal business location; for partnerships, however, courts look to the citizenship of each general partner.)

Note that diversity must be complete; that is, in cases involving multiple parties not even one party may have the same state citizenship as an opposing party. (It does not matter if parties on the same side, for example, two plaintiffs, come from the same state.)

If a defendant wishes to transfer a case from one state to another, or from state court to federal court, his/her request will be for removal. Such requests must be made at the beginning of the case and are premised on the claim that the correct jurisdiction lies in another court. In seeking a transfer from state to federal court, the defendant is often simply exercising a right to invoke diversity jurisdiction, or some other concurrent federal jurisdiction, which the plaintiff failed to use but the defendant also has a right to choose.

Of course, there are other types of courts. For instance, many federal and state administrative agencies have their own judicial systems. There are specialized courts (e.g., federal bankruptcy courts), and states generally have special courts (ones without juries) for cases involving small amounts or special litigants, such as orphans or landlords and tenants. However, the general trial courts, with juries available, remain the crucial arena for most important cases.

Federaljudges are appointed for life. At age 70, a judge may go on ‘'inactive status" at full pay.

The following diagram shows the structure of the federal court system.

The Federal Judicial System

As for the state courts, they are generally open to hear any type of case unless it is precluded by the U.S. Constitution or federal statutes or treaties. Most common law areas – for instance, torts, contracts, crimes – tend to be brought before state courts.

In criminal cases, courts apply their own substantive and procedural laws, regardless of where the acts were committed; however, almost all criminal prosecutions take place in the same state where the alleged crime occurred.

Once a court with jurisdiction renders a judgement, the U.S. Constitution's "full faith and credit" clause requires that, as between the parties to the lawsuit, the judgement must be honored by other states' courts.

State judges are sometimes appointed, sometimes elected.

Vocabulary

administrative agencyn административный орган

adversarialadj состязательный (в судебном процессе)

advisoryadj совещательный, консультативный

allegedadj заявленный, наличествующий

arenan арена

circuit courtn выездная сессия окружного суда (в ряде штатов США); сircuit court of appealsокружной апелляционный суд (федеральный суд 2-ой инстанции в США)

commencev начинать; commence proceedings начинать; возбудить

производство по делу

controversyn спор

county court n суд округа штата

crucialadj решающий

discretionn усмотрение; within the discretionна усмотрение

district court n 1федеральный районный суд (федеральный суд первой

инстанции в США); 2местный суд (в ряде штатов США)

diversity jurisdictionn неединообразная юриспруденция

domestic relations court n суд по семейным делам (местный суд специальной

юрисдикции в штате)

entrustv вверять; возлагать

establishv 1учреждать; 2устраивать

“full faith and credit” clauseпункт о признании и доверии (по Конституции

США признание законов и судебных решений)

furnishv предоставлять, обеспечивать

holdv syn consider, believe полагать, признавать, считать

hold officev занимать должность

holding n судебное решение

inferioradj нижестоящий; inferior jurisdictionнижестоящая юрисдикция,

нижестоящая инстанция; appellate jurisdictionапелляционная юрисдикция;

original jurisdiction юрисдикция суда первой инстанции

invalidadj юридически недействительный; не имеющий силы

jurisdictionn юрисдикция

justicen судья; chief justiceстарший судья; председательствующий судья;

associate justiceчлен суда

landlordn 1собственник недвижимости; 2арендодатель

litigantn тяжущаяся сторона

orphann сирота

overlappingadj (частично) совпадающий; overlapv покрывать

particularizedadj перечисленный

precludev исключать

Probate Courtv суд по делам о наследствах

procedural lawn процессуальное право

provisionn положение

removal n передача, перенос (дела из одной инстанции в другую)

render a judgement v выносить судебное решение

review by appealпересмотр в порядке апелляции

rule v признавать

rung n ступенька

small claims court n суд по делам с небольшой суммой денег

subject-matter jurisdictionn предметная подсудность

Supreme Courtn Верховный суд (федеральный и в большинстве штатов США)

tenant n арендатор

traffic courtn транспортный суд

trial courtn суд первой инстанции

Reading tasks

Answer these questions.

1What are two main court systems in the U.S.?

2What is the structure of the federal court system?

3How does the federal court system work?

4What are the main functions of the U.S. Supreme Court?

5What power has Congress concerning the Supreme Court?

6In what cases has the Supreme Court direct jurisdiction?

7In what way is the Supreme Court different from all other U.S. courts?

8What are the U.S. federal courts and their functions?

9What offences are tried by the federal courts?

10Where are the most serious offences tried?

11At what level is a jury trial possible?

12What are the U.S. state courts and their functions?

13How can a state case be appealed to the federal level?

14Which courts deal with appeals?

15What areas are called “federal questions”?

Comprehension check

Mark these sentences T (true) or F (false) according to the information in the text.

1The Supreme Court consists of the chief justice and ten associate justices.

2The Supreme Court has the right to declare unconstitutional some laws passed by the Congress.

3The USA is divided into twelve judicial circuits.

4There are about two hundred district judges in the USA.

5In most of the states the lowest courts are the magistrates or police courts.

6Most of the criminal and civil cases are tried by district courts.

7Special courts hear appeals from lower courts.

Language focus

ARead these statements. Then ask questions about the underlined words.

1The witness recognized Harry Adams.

Who recognized Harry Adams?

2The witness recognized Harry Adams.

Who did the witness recognize?

3The court session begins at 9:00 a.m.

__________________________

4Five witnesses testified.

__________________________

5The jury found Adams guilty because he didn't have an alibi.

__________________________

6Something horrible happened.

__________________________

7The trial lasted two weeks.

__________________________

8The judge spoke to the jury.

__________________________

9Adams paid his barrister £2.000.

__________________________

10The prosecution questioned the restaurant manager.

__________________________

BComplete the sentences with the correct form of the verb in brackets, active or passive.

In the United States, as in England, decisions handed down by federal and state courts 1) _______ (constitute) a primary source of the common law. New cases requiring the interpretation of statutes 2) _______ (arise) continually. When no precedent can 3) _______ (find) the judge’s decision 4) _______ ( produce) a new legal principle.

To originate in a federal court, a case must 5) _______ (involve) a real dispute between opposing parties.

The U.S. Supreme Court 6) _______ (have) original jurisdiction over certain cases, but its main function is to review lower court decisions that 7) _______ (appeal).

A defendant who 8) _______ (not challenge) the court’s personal jurisdiction over him/her 9) _______ (deem) to have consented to that court's determination of his/her rights and obligations. However, the defense, that subject matter jurisdiction 10) _______ (lack), cannot 11) _______ (waive).

Vocabulary tasks

AMatch the following English legal expressions with their Russian equivalents.

judicial system	a	исключительно на усмотрение
federal district court	b	подать в суд
district court’s judgement	c	пожизненные судьи
bring the case before the court	d	нарушить договор
review by appeal	e	судебная система
violate a treaty	f	федеральный районный суд
within the sole discretion	g	суд последней инстанции
justices for life	h	решение районного суда
court of last resort	i	пересмотр в порядке апелляции

BMatch these terms with their definitions.

appeal	a	a judge in a court; usually an appellate judge
proceeding	b	a court procedure by which a will is held to be valid or invalid
court	c	the power to hear and decide the issues in a case (subject-matter jurisdiction) and to bind the parties (personal jurisdiction)
holding	d	the proceedings before a competent tribunal in which a civil or criminal case is heard and adjudicated
justice	e	a government body intended to apply the law to controversies brought before it and to administer justice
litigant	f	a request that a higher court review the decision of a lower court
trial	g	a party to a lawsuit
jurisdiction	h	a determination of a matter of law that is pivotal to a judicial decision
probate	i	the process of using a court to settle a disagreement or to deal with a complaint

C At trial

The climax of the legal proceedings is the trial. Read the following text about the trial and the answer the true/false questions below the text.

A trial may be defined broadly and comprehensively as a judicial examination of the issues between the parties. Although some variations may exist, trials are usually held before a judge sitting alone, a referee, or a judge and jury. The counsels for the prosecution and for the defence make opening statements to the jury, outlining what each sees as the nature of the case and what each hopes to prove as the trial proceeds. Next, the counsel for the prosecution presents his case by calling witnesses, questioning them, and permitting them to be cross-examined by the counsel for the defence. The counsel for each side then makes a closing argument to the jury, summarizing the evidence in a light most favourable to their respective clients. The function of the jury is to determine the facts of the case, whereas the function of the judge is to determine the applicable law and to oversee the parties' presentation of the facts to the court. After the judge has instructed the jury on the applicable law, the jury will retire to deliberate in private until it reaches a just verdict, which will then be announced in open court. The verdict of a jury terminates the trial. In a case tried before a judge sitting alone, the decision of the judge constitutes a termination of the trial.

	Criminal trials are always held in front of a jury.	False
	A judge may sit alone to hear a legal case.	______
	At the beginning of the trial both counsels outline their case.	______
	The counsel for the defence may cross-examine prosecution witnesses.	______
	The function of the jury is to decide the applicable law.	______
	The judge may intervene if the counsels on either side fail to observe the court procedures.	______
	The judge advises the jury on the law relevant to the case.	______
	The jury discusses their verdict in open court.	______

Jurisdictions of the Federal and State Court Systems - student2.ru

DComplete the following statements with the appropriate expressions from the Text B.

The Supreme Court of the USA consists of 1) _______. They are appointed by 2) _______, and must be approved by 3) _______. A decision of the Supreme Court 4) _______ to any other court. The Supreme Court has direct jurisdiction in the following kinds of cases: 5) _______. All other cases are 6) _______. Each 7) _______ may include any number of judges, one of whom will hear a 8) _______.

If a party wishes to appeal 9) _______, he/she brings the case before the appeals court, the circuit court, for that district.

Generally, a lawsuit is to be brought 10) _______.

EComplete the following text with the words from the box.

district (3) federal appellate state resort appeals trial Supreme (2)

The federal courts have three tiers: 1) _______ courts, courts of 2) _______ and the 3) _______ Court. The 4) _______ Court was created by the Constitution; all other 5) _______ courts were created by Congress. Most litigation occurs in 6) _______ courts. The structure of 7) _______ courts varies from state to state; usually there are 8) _______ for less serious cases, 9) _______ for more serious cases, intermediate 10) _______ courts and courts of last 11) _______. State courts were created by state constitutions.

Text C

The Miranda Warning

You are going to read about Mr. Miranda’s case. Divide the text in paragraphs and head each of them.

"You have the right to remain silent; anything you say can be used against you...", these are the words of the "Miranda warning" which was created as a result of 1966 United States Supreme Court case, Miranda vs Arizona. It began when Ernesto Miranda was arrested at his home and taken into custody to the police station, where he was identified by a witness as the man who had kidnapped and raped a woman. Police officers took Mr. Miranda into an interrogation room and two hours later emerged with a written confession signed by Mr. Miranda that also stated that the confession was made voluntarily and with full knowledge of his legal rights. The officers, however, failed to advise Mr. Miranda that he had a right to have an attorney present.

The United States Supreme Court ruled that the confession could not be used as evidence of Mr. Miranda's guilt because he was not fully advised on his legal rights, which included the right to have his attorney present. The Fifth Amendment to the United States Constitution states that no person can be deprived of life, liberty, or property, without due process of law.

To ensure that other accused criminals are made aware of their constitutional rights, the Supreme Court ruled that a suspect who is taken into custody and interrogated must receive a warning of the following rights: the right to remain silent, that anything he says can be used against him in a court of law, that he has a right of the presence of an attorney, and that if he can not afford an attorney, one will be appointed for him prior to any questioning if he so desires. The 'Miranda warning' is now applied by law officers throughout the United States as a result of this ruling.

Vocabulary

confession n признание; признание в совершении преступления

custodyn задержание; содержание под стражей; take into custodyвзять под

стражу

deprive v лишать

emergev возникать; появляться

empower v уполномочивать

interrogationn допрос

police stationn полицейский участок

rapev изнасиловать

rulev установить, постановить; rulen 1правовая норма; 2 постановление;

приказ; rulingn решение (суда); постановление