Court System of USA

Judicial System of United States of America

Generally by Court System of USA means how America administers justices. Under the constitution of the United States, there are two series of courts, namely, the state courts and the federal courts. Thus, the distinctive feature of the judicial system of America is that it contemplates separate and distinctive system of state courts and federal courts. The federal courts are established under federal laws and the state court under state laws.

Under clause (1) of Article (3) of the constitution of USA it is mentioned that the judicial power of United States shall vest in a Supreme Court and those sub-ordinate courts which shall be established by the Congress by law from time to time." In this way, the composition, constitution and jurisdiction of the Supreme Court has not been described in the constitution and this all has been left to Congress.

Problems in studying American Courts:

(i) Overlapping of jurisdiction of federal court and state courts.

(ii) Inconsistency regarding the formation of state courts.

(iii) Composition of courts in various states differs from one another. Appointment procedures of the judges in various courts are not the same.

Federal structure of US courts:

United States has 50 states. So, we have 50 different court structures in USA. But for all these 50 states, there is another unified court structure which is federal structure of United State Courts.

Necessity of federal court structure:

The importance of federal judiciary is twofold:

Firstly, in a federal form of court, there is a need of such a power which can adjudicate the disputes arising between the federation and different units.

Secondly, American constitution system being based on the principle of the separation of power of the government and the executive are independent of each other. Disputes relating to jurisdiction may arise between the two and there is a need of federal judiciary to settle them.

Law to be applied in case of federal jurisdiction of US courts:

By far the largest number of civil suits in the United States is decided by state courts. Federal courts have jurisdictions only under special conditions. The fear that the courts of state might not afford complete justice to a party domiciled in another state explains the existence of federal jurisdiction in another class of case. In case of diversity of citizenship jurisdiction case the federal courts shall be competent to try the case under certain conditions. But it was a difficult question as to what laws are to the applied by such courts. In the United States there is no federal common law and 50 common laws of 50 states. This question vexed people for about a century.

The Supreme Court's decision in SWIFT V. TYSON (1842) it was established that in areas of judge-made law, the federal court should apply not the case law of any particular state but rules of federal law which were to be independently developed.

This decision was based on the hope that in their way the decisions of the federal courts might gradually build up a 'federal common law' which might be taken over by the courts of the several states and thus form a point of around which American law might form.

This hope had not borne fruit. The courts of the states were far from the decisions of the federal courts and offer enough hit upon deviant rules. This gave litigants an incentive to try all kinds of devices to bring the case before the federal rather than the state courts or vice versa, depending on whether federal or state common law offered them the more favorable rule. These unfortunate effects induced the Supreme Court to take some initiative.

In Erie Railroad Co. V. Tomp Kins, (1938) the Supreme Court said. "We are abandoning our previous holding and decide that, except in cases controlled by a federal statute, federal courts should in principle apply the written of unwritten law of the state in which it sat".

So, by this case 'moving to federal common law' rule was changed and it acted as a milestone for a total depart form a federal common law.

Now in diversity of citizenship jurisdiction cases, the federal courts apply the law of the state in which it sits.

Federal jurisdiction of US Courts:

According to the Supreme Court Act, 1925 the US Federal courts have the following 5 types of jurisdiction. This is called the federal jurisdiction of the US Courts.

(1) Those case in which USA itself is a party. So, when in a case USA is involved, it will not go to the state courts.

(2) Cases involving foreign officials if they are a party to a case.

(3) Cases in which citizens of different states of US are involved provided that the claim in the dispute is not less than 50,000 dollar. This is known as diversity of citizenship jurisdiction.

It follows form the rules of jurisdiction in diversity of citizenship cases' that, to take an example, a federal court sitting in California can decide a suit brought by a Texas citizen for damages in tort against a Californian defendant. The question immediately arises whether the federal court should apply Californian or Texas tort law or whether it may not have to apply federal tort law instead.

(4) When the case involves the U.S. constitution and other federal laws.

(5) Cases involving specialty matters, i.e. patent, trademark, copyright, customers, trust, monopoly laws, bankruptcy etc.

For example any dispute concerning the W.T.O. would lie to the federal court of USA.

At last, it must be added that in exceptional cases the state court might have concurrent jurisdiction over the two of the above mentioned five issues, i.e. 3, and 4 case related matters.

Structure of the USA Federal courts:

The situation in the United States is rendered more complicated system of courts. It is clear from the fact that there are complete courts systems not only in each of the several states but also in the United States. So, far as federal courts are concerned by article III of the Constitution the judicial power is vested in the Supreme Court and 'such inferior courts as the Congress may form time to time ordain and establish. About 30 million cases are disposed of by US courts of them 5% only are dealt by federal courts and 95% by state courts.

In 1789, in one of the Judiciary Act, passed by it, Congress exercised the power to create lower federal courts by establishing District Courts as federal court of first instance and Courts of Appeals the first set up of intermediate courts with purely appellate jurisdiction was established by Congress in 1891. So, we find the Federal Supreme Court, the Courts of Appeal and District courts in the arena of federal courts. The federal judicial pyramid like that in many states is three tiered. At the bottom are the district courts from these courts on appeal lies to the U.S courts of Appeal and from these appeal lies to the Supreme Court of USA.

A brief discussion or the federal courts of USA is given below.

1. Supreme Court of USA

2. Federal Courts of Appeal

3. Federal District Court

(i) Federal District Court: At the bottom of the federal court structure in U.S.A. are the district courts. As has already been said, it was the creation of an Act of 1789 in which Congress exercised the power to create lower federal courts.

Composition of the district courts:

There are close to 100 district courts in the United States many having only one while other states with large population may be divided into two or four districts each of which has a district court to bring such courts within the reach of the litigants, the Congress has divided the country into districts and provided district court for each of them. Furthermore, many districts have more than one judge. So, there are about 650 District Judges who normally sit alone.

The Judges are all professional Judges. They generally sit alone although on occasion a bench of three may hear certain cases. Each district court has a clerk, usually a young lawyer who has just completed his university training who assists him in his research.

In civil actions seeking money damages, the Constitution guarantees a right to a jury trial if a jury is requested by either party. Statutes sometimes accord jury trial in other cases of criminal prosecutions other than for misdemeanors, are conducted with juries unless the defendant waives that right.

Courts of appeal

For appeals from the judgments of the district courts there are 12 Courts of Appeals. These were formerly called the U.S. Circuit Courts of Appeal.

Composition of Courts of appeal

As has been said there are 12 courts of appeal; the catchments area or circuit of 11 of them includes several states each, and there is one for the District of Columbia circuit. There are 168 judges in these courts. In these courts three judges hear and decide a cases.

Function of the Courts of appeal

Generally it decides on the basis of the briefs of the trial courts. These courts may also hold trial. One of the judges write the judgment. Judges may concur or dissent when there is concurrence, the judges have to write their own opinions because these opinions may be useful in taking decision by the Supreme Court.

Jurisdiction of the Courts of appeal

The court of appeal has no original jurisdiction. It hears all appeals from the district courts with a few exceptions of the cases in nothing federal legislation and validity of federal and state laws etc.

The court of appeal has also power to review the judgments of the district courts that exercise concurrent jurisdiction with the court of claims in adjudicating claims against the United States. It can also review certain classes of orders issued by federal trade commission and Federal Reserve Board. Though in 1925 congress has given the final right of appeal in some cases, but the Supreme Court can call for such for review.

Appointment of the judges of the Courts of appeal

The judges of the Court of Appeal are appointed by the President and are confirmed by the Senate. They hold office during their good behavior.

Supreme Court of USA:

At the head of the federal courts stands the Supreme Court in Washington with nine judges. It owes its existence in the national constitution; the details regarding the organization and other matters of the Supreme Court have been left by the constitution to the congress for its determination. Article III (S-1) of the USA constitution says: "The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the congress many from time to time obtain, direct and establish."

Composition of the Supreme Court of USA

Originally this court was established in the Wall Street of New York City. Then it was shifted to Philadelphia and at present is situated in Washington DC. For conducting the trial the quorum is of six judges.

The Supreme Court of USA was established on 1st February 1790. Initially it consisted of one chief justice and 5 others judges. The numbers of judges have been changed from time to time. In 1807 the number of the judges became 7; 9 in 1837, 7 in 1866 and again 9 in 1869 presently there is a chief justice and 8 other judges in the Supreme Court. Now, it sits with nine judges in all cases.

Working of the Supreme Court of USA

In order to keep the Supreme Court's workload within limits, an Act of 1925 gave the judges discretion to decide which cases were important enough to justify an appeal being heard by the highest court of the land. According to the normal practice the Supreme Court will proceed to a decision of the merits if, after a summery consideration of the case at least four judges are in of so doing. This is termed 'rule of four.' If the application for appeal is subjected, no reason for refusal is given, though very occasionally one of justices will very briefly say why he would not have chosen the hear the case.

The court may decide the matter on the basis of briefs which have been submitted; such a decision is normally unanimous and contains either no reason at all or only very brief reasons for confirming or quashing the judgment in question. In a specific group of cases parties are entitled to a decision on the merits.

Jurisdiction of the Supreme Court

The court has both original and appellate jurisdiction but it exercises original jurisdiction in rare cases.

Original jurisdiction of Supreme Court

According to article 3 clause (2) Supreme Court has original jurisdiction in the following types of matters.

(1) Such matters which are concerned with ambassador public minister and

(ii) Such matters in which federation of United States of America or, one or more than one state of federation of America is party.

Appellate Jurisdiction of Supreme Court

Except the above mentioned matters, in all other matters, the Supreme Court has appellate jurisdiction. According to jurisdiction Act of 1925 in which some amendments were also made in 1937, the court is vested with following appellate Jurisdiction:-

(1) When the highest court of any state has given the decision against any law or treaty of the United States or has declared such law of any state valid which is contrary to the constitution or any law or treaty of the United States of America.

(ii) When any federal court of appeal of America has given judgment against the law of any state federal constitution, law or treaty; and

(iii) Some special kinds of matter which have arisen due to the decision of the district courts.

Apart from this, Supreme Court through the Writ of Certiorari can call for such cases for consideration from the state courts in which the questions of any provision of the constitution or treaty is involved. The Supreme Court is not nested with advisory jurisdiction.

Review jurisdiction of Supreme Court 

The right of interpreting the constitution can be said to be the most important right of the Supreme Court. Under this right it has the right to consider the constitutional validity of the laws made by the federal Congress and state legislatures, Supreme Court can decide the constitution of state and federal laws on the basis of following criterion-

Firstly, whether the legislature has the right to make the disputed law.

Secondly, whether the law has been framed on the basis of due process of law or not.

It is to be mentioned here that annually about 7800 cases come to this court but only 100 of them are heard by the court on the merits.

Session of the Supreme Court

The session of the Supreme Court begins from the first Monday of October every year and generally continues till last week of June next year. Chief justice can call special session of the court. Trials are conducted on Tuesday, Wednesday Thursday and Friday. On Saturday judges make mutual discussion and on Monday give decisions publicly. Along with every judgment the detailed opinion of the court is enclosed.

Appointment of the judges of Supreme Court

Judges are appointed by the president on the recommendation of the Senate. Consent of the Senate is essential. In the absence of the consent, the Senate can reject the appointments made by the residents. In 1970 the senate rejected to approve the nomination of Harrold Carswell by the president Nixon. Selecting process in the Senate is a difficult one. Public hearing

of the person who applies to be judge is held. It is so much digging of the private life of the person who wishes to be the judge. For example, an essay written by the applicant during his school-life may be taken into consideration in order to find out his normal base and previous history. In an appointment procedure the alleged relation of the applicant Thomas with his clerk Anita Hill and her comment was taken into consideration and was discussed. At last, that district judge became the judge of the Supreme Court.

In appointment claims, counter claims, discussion continues up to three months. Most of the applicants become obliged to say, "I just want to come out of the process rather to be a judge of the Supreme Court". Many applicants withdraw applications during hearing. But once anybody is appointed a judge, he enjoys full independence which is of immense importance in case of the administration of justice in USA. The terms of the judges are till his life time. They con remain continue the office subject to their good conduct. If any judge has served the Supreme Court for ten years and attained the age of 70 years or has served for 15 years and attained the age of 65 years he can voluntarily retire. After retiring he shall be getting his salary till his life time.

In the concluding paragraph it can be added that the federal judiciary of the United States is made up of the Federal courts which have the duty of explaining and interpreting federal laws, setting law suits between citizens of different states and punishing certain kinds of law breaking. The interpretative duties of the federal courts extend to treaties and agreements with foreign powers and even to the highest law of the land, the constitution itself.

State Courts in USA

The United States has 50 states so we have 50 different court structures in USA, apart from the federal court system. Each state has its own particular indicial organization and it is therefore difficult to make valid generalizations about the whole of state court system: The sizes, population of each state differ widely and different court structure has resulted. Sometimes it will have two degrees, whereas in about two thirds of the states there are three levels, a supreme court, a court of appeal and a court of first instance. Each state is free to decide as to what courts it will establish, what their jurisdiction shall be, and how their judges are to be selected.

Sometimes it will have only two degrees court, whereas, in about two-third states there are three tier court systems. In about 39 states there are three tier courts and 11 states there are two tier courts.

The organization of the courts in each state differs widely from other states, but certain broad of likeness are formed in them.

(a) Justices of the peace

At the buttons of the state judicial system in rural and semi-rural regions stands the justice of the peace who have limited inferior jurisdiction in petty civil matters. The justices of the peace are elected from the areas which they serve and their courts are not the courts of record. In some states they are appointed by the Governor.

They hardly ever have any legal training and the procedure they employ is a very simplified one. They administer justice on the basis of common sense. In fact it is a very simplified, informal procedure of resolution of dispute of very petty matter.

(b) Municipal Courts

In the large cities the lowest courts are the so-called "Municipal courts" staffed by qualified judges. Although time jurisdiction is very limited but municipal courts are conducted by professional trained judges. This court concentrates on highway offences as Traffic courts. Undoubtedly this jurisdiction of the municipal court is very significant for this country. Because this is a country which is highly mobile. This court deals with civil matters of small importance as small claim courts.

Private law dispute can also be settled by municipal courts. But obviously their jurisdiction is limited. In fact municipal courts are additional courts. These are not within the two or three tier system of courts.

(c) County courts

Over and about the court of justices of the peace different kinds of courts are established. In some states county superior courts have been established and in some states intermediate courts have been established. In county courts normally there is one judge. These courts exercise both civil and criminal jurisdiction in exercising original and appellate jurisdiction. In some states by merging two or there courts a district or circuit court has been established.

The procedure of county court is very formal. To make thing confusing county courts are known as District courts, in some other places like federal district court and to make thing more and more complicated in New York the county court is known as Supreme Court.

From the decision of county court or District court appeal lies to the court of Appeal or to the highest count of the state.

(d) Appellate court

These courts have been established over the county counts or district courts. They are mainly vested with appellate jurisdiction. In 15 states there are court of appeal.

(e) Supreme court of the state

On the apex of the entire judicial system of the state, there is a supreme court. In few states it has different names e.g. in Connecticut, this highest court is known as Supreme Court of in New York, Mary land, the Court of Appeals.

Usually, theses courts have appellate jurisdiction, although in certain states, they also enjoy original jurisdiction in certain matters. The decisions of these courts are final so far as the dispute is not concerning a matter of the state.

Appointment of judges in state courts:

Since judicial decisions demands mature judgment, knowledge of contemporary social and economic conditions, through knowledge of law, highest personal integrity with ability to be impartial and non-partisan, it is pre-requisite that judges should be selected by some method which will emphasize these qualities and minimize political considerations.

The mode of appointment of judges in various states in the United States varies. In some states judges are appointed by the Governor, in some states they are appointed by the legislature, in a state they are appointed by a nominating committee and in most states judges are elected. The following is the picture as to the mode of appointment in various states:

Mode of appointment - By the Governor - Number 18

Mode of appointment - By the Legislature - Number 3

Mode of appointment - By Nominating Committee - Number 1

Mode of appointment - By election - Number 28

It is clear from the above picture that judges in most cases in various states are elected. Election may be either:

(i) Partisan election

(ii) Non-partisan election.

About in 12 states the judges are elected by partisan election and in about 17 states the election is non-partisan. In case of election any one can contest as a judge. But generally only professional people are elected. In partisan election parties help a lot in electing a judge. One important feature in case of partisan election is that once any body is appointed judge by the party affiliation, they forget the past and do their best to be independent in exercising their judicial functions.

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