FREE ESSAY ON THE JUDICIAL SYSTEM

THE JUDICIAL SYSTEM

The writers of the US Constitution were determined to separate the powers of the federal
government in to three branches: Legislative, Executive, and Judicial. The prime function
of the judicial branch is to interpret the law in such a way that rules made in the past
can be applied reasonably in the present. This function gives the courts a role in
policymaking. The Constitution establishes the Supreme Court of the United States and
grants Congress the authority to establish lower federal courts. The United States has
two different courts systems-the federal courts and the state courts. 
Federal courts make judgments in cases having to do with the U.S. Constitution or other
federal law. They hear cases in which the U.S. is suing or prosecuting someone. They
handle disputes between citizens of two different states and disputes involving foreign
countries and U.S. citizens. Crimes that happen on ships at sea are called admiralty
cases and are also held in federal court. Federal courts are set up on three levels. The
lowest federal courts are the district courts, where most federal cases are heard first.
The United States has 90 district courts. The Court of Appeals is the next highest in the
federal court system. The Court of Appeals is divided into 11 circuits that cover all the
states, territories, and possessions of the U.S. Defendants who are not satisfied with
the decision of a district court can appeal to the court. 
The highest federal court is the Supreme Court. It consists of eight associate justices
and one chief justice, appointed by the President with the approval of the Senate.
Justices are appointed for life and their salaries cannot be lowered while they serve.
These rules were established so that justices would be free from political pressures that
might influence their decision. The court has two kinds of jurisdiction. In cases
affecting ambassadors and other public ministers and in cases in which a state is one of
the parties, the court has original jurisdiction. That is, the Supreme Court is the first
and only court to hear these cases. The court also has the power called appellate
jurisdiction in which it can hear appeals in other cases that are affected by federal
law. Appellate jurisdiction accounts for most of the cases that come before the court.
The Supreme Court has appellate jurisdiction over both state courts and lower federal
courts. The Supreme Court's ability to set legal precedent, or that principles of law
once established, should be accepted as authoritative in all subsequent similar cases, is
strengthened by its nearly complete discretion in choosing cases it will hear. Precedent
reflects the philosophy of stare decisis, Latin for "to stand by things once
established." Four out of nine justices must agree to accept a case before it is given a
writ of certiorari or permission granted by a higher court to allowing a losing party in
a legal case to bring it before it for a ruling. When five or more justices agree on a
decision, a ruling is made. One of the justices writes the majority opinion, a statement
of the court's decision and its reasons. A justice who agrees with the decision but for
different reasons can write a concurring opinion. A justice who disagrees with the
majority opinion may write a dissenting opinion. 
The state courts system handle's all cases relating to state laws. The court system of
each state is organized differently. In small towns, officials called justices of the
peace usually run the lower courts. In larger towns or cities, the lowest courts are
usually police courts or magistrates' courts. These courts have no juries. Above these
are trial courts with judges and juries. Cases from these courts can be taken to a state
appeals court and then, if necessary, to the state's supreme court. States also have
special courts for certain types of cases. Juvenile courts hear cases involving people
under 18. Probate courts deal with inheritance cases. 
The courts have less discretionary authority then elected institutions. The judiciary
positions are constrained by the facts of cases and by the laws defined through the
Constitution. Yet existing guidelines are seldom so precise that judges have no choice in
their decisions. As a result, political influences have a strong impact. They need to
respond to national conditions, public opinion, and interest groups. Personal beliefs of
judges who have individual preferences that are evident in the way they decide on issues
that come before the court. The court as crossed into areas traditionally left to that of
the lawmaking majorities, so the legitimacy of the courts have been questioned. The
courts were established as an independent branch and should not hesitate to promote new
principles when they see a need, even if this action puts them into conflict with elected
officials. 
Bibliography
Patterson, Thomas E., The American Democracy, Thomas E. Patterson, United States of
America, 1996.
Young Student's Learning Library, Volume 6, pgs. 712-714, 1995
Young Student's Learning Library, Volume 20, pgs. 2535-2536, 1995