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THE COURT SYSTEM OF THE USA

Law is also made by courts. The USA system of law, which originated in England, gives courts lawmaking power. In this system, court deci­sions establish legal principles and rules of law known as common law.

There are two types of courts in the United States: trial and ap­peals. Trial courts listen to testimony, consider evidence, and de­cide the facts in disputed situations. In a trial, there are two parties (sides) to each case. In a civil trial, the party initiating the legal ac­tion is called the plaintiff. In a criminal trial, the government (state or federal) initiates the case and serves as the prosecutor. In both civil and criminal trials, the party responding to the plaintiff (civil) or prosecution (criminal) is called the defendant. Once a trial court has made a decision, the losing party may be able to appeal the deci­sion to an appellate, or appeals, court.

The most important precedents are es­tablished by the U.S. Supreme Court, where nine justices hear each case and a majority rules. All United States courts must follow U.S. Supreme Court decisions. The Supreme Court does not consider all appeals that are brought to it. It rules only on the most important cases. The nine U.S. Supreme Court justices are nominated by the presi­dent and confirmed by the Senate.

There are two separate court sys­tems in the United States – federal and state. Federal courts hear criminal and civil cases involving federal law. They also hear cases involving parties from different states when the amount in dispute is more than $10,000. Federal trial courts are known as U.S. District Courts. If you lose a trial in the U.S. District Court, you may be able to appeal to the U.S. Circuit Court of Appeals in your region. The United States has thirteen circuit courts. The court of final appeal is the U.S. Supreme Court.

Most state court systems resemble the federal courts in structure and procedure. All states have trial courts. These are called superior, county, district, or municipal courts, depending on the state. State courts are often specialized to deal with specific legal areas, such as family, traffic, criminal, probate, and small claims. Family or domestic relations courts hearactions involving divorce, separation, and child custody. Cases involving juveniles and intrafamily offenses (fights within families) may also be heard. Some­times, cases involving juveniles are heard in a special juvenile court. Traffic courts hear actions involving violations committed by persons driving motor vehicles. Criminal courts hear cases involving viola­tions of laws for which the violators could go to jail. Frequently, crim­inal court is divided between felony and misdemeanor cases. Probate courts handle cases involving wills and claims against the estates of persons who die with or without a will. Small claims courts hear cases involving small amounts of money (maximums of $500, $750, $1,000, or more, depending on the state).

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