Courts
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U.S. Court System
Diagram of the U.S. Court System
The U.S. Supreme Court The Supreme Court of the United States was created by Sec. 1 Article III of the Constitution. Its jurisdiction is set out by statute in Title 28 of the U.S. Code. The organization of the Court is also spelled out by legislation. The Court itself develops the rules governing the presentation of cases. One of the most important powers of the Supreme Court is judicial review. While the Supreme Court is a separate branch of government, outside factors do exert some influence on the Court. U.S. Supreme Court Justices There are nine justices; a Chief Justice of the United States and eight associate justices, who are appointed by the president with the advice and consent of the Senate. Justices serve during good behavior (usually until death, retirement or resignation.) Judicial Review Judicial review consists of: -The power of the courts to declare laws invalid if they violate the Constitution. -The supremacy of federal laws or treaties when they differ from state and local laws.
-The role of the Court as the final authority on the meaning of the Constitution.
Influences on the Court There exist both legal and political influences on the Supreme Court justices and their decisions. Among the legal influences on Supreme Court decisions are: -The Constraints of the Facts: Courts cannot make a ruling unless they have an actual case brought before it. The facts of a case are the relevant circumstances of a legal dispute or offense. The Supreme Court must respond to the facts of a dispute. -The Constraints of the Law: Among the legal constraints in deciding cases, the Supreme Court must determine which laws are relevant. These include; interpretation of the Constitution, interpretation of statutes, and interpretation of precedent. Among the political influences on Supreme Court Decisions are: -"Outside Influences" Such as the force of public opinion, pressure from interest groups, and the leverage of public officials. -"Inside Influences" Such as justices' personal beliefs, political attitudes, and the relationship between justices.
How Cases Make Their Way to the U.S. Supreme Court Each year, about 4,500 cases are requested for review by the Supreme Court. Less than 200 cases are actually decided by the Court each year. There are three ways for a case to make its way to the US Supreme Court. 1) There are cases in which the US Supreme Court has original jurisdiction (heard there first). Cases in which a state is a party and cases dealing with diplomatic personnel, like ambassadors, are the two examples. 2) Those cases appealed from lower federal courts can be heard at the Supreme Court. Some laws obligate (or force) the Supreme Court to hear them. But most come up for review on the writ of certiorari, a discretionary writ that the court grants or refuses at its own discretion. The writ is granted if four of the justices want it to be heard. 3) The US Supreme Court reviews appeals from state supreme courts that present substantial "federal questions," usually where a constitutional right has been denied in the state courts. In both civil and criminal law, the Supreme Court is the final court of appeal.
State Courts -Each state has a court system that exist independently from the federal courts. State court systems have trial courts at the bottom level and appellate courts at the top. Over 95% of the nation's legal cases are decided in state courts (or local courts, which are agents of the states). -Some states have two appellate levels, and others have only a single appellate court. States vary in the way they organize and name their courts, but they usually give some lower courts specialized titles and jurisdictions. Family courts settle such issues as divorce and child-custody disputes, and probate courts handle the settlement of the estates of deceased persons. Below these specialized trial courts are less formal trial courts, such as magistrate courts and justice of the peace courts. These handle a variety of minor cases, such as traffic offenses, and usually do not use a jury. -Cases that originate in state courts can be appealed to a federal court if a federal issue is involved and usually only after all avenues of appeal in the state courts have been tried. -In 1990 there were over 88 million cases heard at the state trial courts throughout the U.S. One hundred and sixty seven thousand cases were appealed at the next level, while sixty two thousand made it to the state courts of last resort. Federal Courts of Appeal When cases are appealed from district courts, they go to a federal court of appeals. Courts of appeals do not use juries or witnesses. No new evidence is submitted in an appealed case; appellate courts base their decisions on a review of lower-court records. In 1990, the 158 judges handled about 41,000 cases. There are 12 general appeals courts. All but one of them (which serves only the District of Columbia) serve an area consisting of three to nine states (called a circuit.) There is also the U.S. Court of Appeals for the Federal Circuit, which specializes in appeals of decisions in cases involving patents, contract claims against the federal government, federal employment cases and international trade. Go see recent Federal Courts of Appeal decisions. Between four and twenty six judges sit on each court of appeals, and each case is usually heard by a panel of three judges. Courts of appeals offer the best hope of reversal for many appellants, since the Supreme Court hears so few cases. Fewer than 1 percent of the cases heard by federal appeals courts are later reviewed by the Supreme Court. Federal District Courts All federal courts, except for the U.S. Supreme Court were created by Congress. There are ninety four federal district courts across the country, with at least one in every state (larger states have up to four). There are about 550 federal district-court judges who are appointed by the president with the advice of the Senate. District courts are the only courts in the federal system in which juries hear testimony in some cases, and most cases at this level are presented before a single judge. They heard about 267,000 cases in 1990. Federal district courts are bound by legal precedents established by the Supreme Court. Most federal cases end with the district court's decision.
Court of Military Appeals The Court of Military Appeals hears appeals of military court-martial (when a person who is in the military commits a crime they can be tried and punished by the military courts.) Court of International Trade The Court of International Trade hears cases involving appeals of rulings of U.S. Customs offices. Court of Claims The Court of Claims hears cases in which the U.S. Government is sued.
COURT SYSTEM IN UK AND LITHUANIA
The UK does not have a single unified judicial system. Her Majesty’s Courts Service administrates the Court of Appeal, the High Court, the Crown Court, the Magistrates Courts and the County Courts. The Court of Appeal deals only with appeals from other courts. The Court of Appeal consists of two divisions: the Civil Division and Criminal Division. Its decisions are binding on all courts apart from the House of Lords. The High Court consists of three divisions: the Queen's Bench, the Chancery and the Family divisions. The High Court of Justice functions civil and criminal cases. The Crown Courts deal with criminal matters. The Crown Court hears appeals from Magistrates' Courts. County Courts deal with civil matters. County Courts are local courts in the sense that each one has an area over which certain kinds of jurisdiction. The Magistrates Court is the first level of the Queensland Courts system. Most criminal and civil cases are first heard in this court. The Magistrates Court can deal with offences such as traffic infringements, shoplifting or disorderly behaviour, burglary, assault, fraud and drugs. The House of Lords is the final court of appeal on points of law in civil cases and criminal cases. In Lithuania court system consists of courts of general jurisdiction and special administrative courts. Courts of general jurisdiction are the Supreme Court of Lithuania, the Court of Appeals of Lithuania, district courts and regional courts. Special administrative courts are the Supreme Administrative Court of Lithuania and regional administrative courts. The Lithuanian courts deal with civil and criminal matters and investigate administrative litigations. There are some courts which are not a part of the court system: the Constitutional Court of the Republic of Lithuania and autonomy courts: the General Meeting of Judges, the Council of Courts and the Judicial Court of Honour. A district court is first instance for criminal, civil cases and cases of administrative offences. A regional court is first instance for criminal and civil cases assigned to its jurisdiction by law, and appeal instance for judgments, decisions, rulings and orders of district courts. The Court of Appeals is appeal instance for the cases heard by regional courts and performs other functions assigned by law.
The Supreme Court of Lithuania reviews effective judgments, decisions, rulings and orders of the courts of general jurisdiction. Regional administrative courts are courts of special jurisdiction. They hear complaints in respect of administrative acts and acts of commission or omission by entities of public and internal administration. The Supreme Administrative Court is first and final instance for administrative cases assigned to its jurisdiction by law. It is appeal instance for cases from decisions, rulings and orders of district administrative courts, as well as for cases involving administrative offences from decisions of regional courts.
Court System UK
Judicial institutions in Lithuania and Britain
All democratic states take priority to human rights and their freedom. Following this principle most countries have established judicial institutions to deal with various societies’ matters starting with employment disputes and finishing with criminal cases. English court system reflects limited monarchy. Crown Courts deal with criminal matters, firstly heard in Magistrates Courts. County Courts deal with civil matters. Particular divisions of the High Court hear cases involving large amount of money. All appeals go to the Court of Appeal. Also, there are special tribunals as industrial that deals with disputes over contracts and sexual discrimination in employment matters. In Lithuania there are Courts of general jurisdiction: the Supreme Court that is the only court of cassation instance for reviewing effective judgements, decisions, rulings and orders of the courts of general jurisdiction, the Court of Appeals that is appeal instance, District courts hear criminal, civil cases and cases of administrative offences, Regional courts that is first instance for criminal and civil cases and appeal instance for judgements, decisions, rulings and orders of district courts. Special – administrative courts: the Supreme Administrative Court is first and final instance for administrative cases, appeal instance for cases from decisions, rulings and orders of district administrative courts and Regional administrative courts are courts of special jurisdiction established for hearing complaints (petitions) in respect of administrative acts and acts of commission or omission (failure to perform duties) by entities of public and internal administration. In general, in Lithuanian and English judicial systems are witnesses and suspects have the right to conditional bail. Some courts as Courts of Appeal or County (District) Courts deal same matters. The main differences between Lithuanian and Britain judicial systems are Administrative Courts in Lithuania and jury in Britain.
Diagram of the U.S. Court System
The U.S. Supreme Court The Supreme Court of the United States was created by Sec. 1 Article III of the Constitution. Its jurisdiction is set out by statute in Title 28 of the U.S. Code. The organization of the Court is also spelled out by legislation. The Court itself develops the rules governing the presentation of cases. One of the most important powers of the Supreme Court is judicial review. While the Supreme Court is a separate branch of government, outside factors do exert some influence on the Court. U.S. Supreme Court Justices There are nine justices; a Chief Justice of the United States and eight associate justices, who are appointed by the president with the advice and consent of the Senate. Justices serve during good behavior (usually until death, retirement or resignation.) Judicial Review Judicial review consists of: -The power of the courts to declare laws invalid if they violate the Constitution. -The supremacy of federal laws or treaties when they differ from state and local laws.
-The role of the Court as the final authority on the meaning of the Constitution.
Influences on the Court There exist both legal and political influences on the Supreme Court justices and their decisions. Among the legal influences on Supreme Court decisions are: -The Constraints of the Facts: Courts cannot make a ruling unless they have an actual case brought before it. The facts of a case are the relevant circumstances of a legal dispute or offense. The Supreme Court must respond to the facts of a dispute. -The Constraints of the Law: Among the legal constraints in deciding cases, the Supreme Court must determine which laws are relevant. These include; interpretation of the Constitution, interpretation of statutes, and interpretation of precedent. Among the political influences on Supreme Court Decisions are: -"Outside Influences" Such as the force of public opinion, pressure from interest groups, and the leverage of public officials. -"Inside Influences" Such as justices' personal beliefs, political attitudes, and the relationship between justices.
How Cases Make Their Way to the U.S. Supreme Court Each year, about 4,500 cases are requested for review by the Supreme Court. Less than 200 cases are actually decided by the Court each year. There are three ways for a case to make its way to the US Supreme Court. 1) There are cases in which the US Supreme Court has original jurisdiction (heard there first). Cases in which a state is a party and cases dealing with diplomatic personnel, like ambassadors, are the two examples. 2) Those cases appealed from lower federal courts can be heard at the Supreme Court. Some laws obligate (or force) the Supreme Court to hear them. But most come up for review on the writ of certiorari, a discretionary writ that the court grants or refuses at its own discretion. The writ is granted if four of the justices want it to be heard. 3) The US Supreme Court reviews appeals from state supreme courts that present substantial "federal questions," usually where a constitutional right has been denied in the state courts. In both civil and criminal law, the Supreme Court is the final court of appeal.
State Courts -Each state has a court system that exist independently from the federal courts. State court systems have trial courts at the bottom level and appellate courts at the top. Over 95% of the nation's legal cases are decided in state courts (or local courts, which are agents of the states). -Some states have two appellate levels, and others have only a single appellate court. States vary in the way they organize and name their courts, but they usually give some lower courts specialized titles and jurisdictions. Family courts settle such issues as divorce and child-custody disputes, and probate courts handle the settlement of the estates of deceased persons. Below these specialized trial courts are less formal trial courts, such as magistrate courts and justice of the peace courts. These handle a variety of minor cases, such as traffic offenses, and usually do not use a jury. -Cases that originate in state courts can be appealed to a federal court if a federal issue is involved and usually only after all avenues of appeal in the state courts have been tried. -In 1990 there were over 88 million cases heard at the state trial courts throughout the U.S. One hundred and sixty seven thousand cases were appealed at the next level, while sixty two thousand made it to the state courts of last resort. Federal Courts of Appeal When cases are appealed from district courts, they go to a federal court of appeals. Courts of appeals do not use juries or witnesses. No new evidence is submitted in an appealed case; appellate courts base their decisions on a review of lower-court records. In 1990, the 158 judges handled about 41,000 cases. There are 12 general appeals courts. All but one of them (which serves only the District of Columbia) serve an area consisting of three to nine states (called a circuit.) There is also the U.S. Court of Appeals for the Federal Circuit, which specializes in appeals of decisions in cases involving patents, contract claims against the federal government, federal employment cases and international trade. Go see recent Federal Courts of Appeal decisions. Between four and twenty six judges sit on each court of appeals, and each case is usually heard by a panel of three judges. Courts of appeals offer the best hope of reversal for many appellants, since the Supreme Court hears so few cases. Fewer than 1 percent of the cases heard by federal appeals courts are later reviewed by the Supreme Court. Federal District Courts All federal courts, except for the U.S. Supreme Court were created by Congress. There are ninety four federal district courts across the country, with at least one in every state (larger states have up to four). There are about 550 federal district-court judges who are appointed by the president with the advice of the Senate. District courts are the only courts in the federal system in which juries hear testimony in some cases, and most cases at this level are presented before a single judge. They heard about 267,000 cases in 1990. Federal district courts are bound by legal precedents established by the Supreme Court. Most federal cases end with the district court's decision.
Court of Military Appeals The Court of Military Appeals hears appeals of military court-martial (when a person who is in the military commits a crime they can be tried and punished by the military courts.) Court of International Trade The Court of International Trade hears cases involving appeals of rulings of U.S. Customs offices. Court of Claims The Court of Claims hears cases in which the U.S. Government is sued.
COURT SYSTEM IN UK AND LITHUANIA
The UK does not have a single unified judicial system. Her Majesty’s Courts Service administrates the Court of Appeal, the High Court, the Crown Court, the Magistrates Courts and the County Courts. The Court of Appeal deals only with appeals from other courts. The Court of Appeal consists of two divisions: the Civil Division and Criminal Division. Its decisions are binding on all courts apart from the House of Lords. The High Court consists of three divisions: the Queen's Bench, the Chancery and the Family divisions. The High Court of Justice functions civil and criminal cases. The Crown Courts deal with criminal matters. The Crown Court hears appeals from Magistrates' Courts. County Courts deal with civil matters. County Courts are local courts in the sense that each one has an area over which certain kinds of jurisdiction. The Magistrates Court is the first level of the Queensland Courts system. Most criminal and civil cases are first heard in this court. The Magistrates Court can deal with offences such as traffic infringements, shoplifting or disorderly behaviour, burglary, assault, fraud and drugs. The House of Lords is the final court of appeal on points of law in civil cases and criminal cases. In Lithuania court system consists of courts of general jurisdiction and special administrative courts. Courts of general jurisdiction are the Supreme Court of Lithuania, the Court of Appeals of Lithuania, district courts and regional courts. Special administrative courts are the Supreme Administrative Court of Lithuania and regional administrative courts. The Lithuanian courts deal with civil and criminal matters and investigate administrative litigations. There are some courts which are not a part of the court system: the Constitutional Court of the Republic of Lithuania and autonomy courts: the General Meeting of Judges, the Council of Courts and the Judicial Court of Honour. A district court is first instance for criminal, civil cases and cases of administrative offences. A regional court is first instance for criminal and civil cases assigned to its jurisdiction by law, and appeal instance for judgments, decisions, rulings and orders of district courts. The Court of Appeals is appeal instance for the cases heard by regional courts and performs other functions assigned by law.
The Supreme Court of Lithuania reviews effective judgments, decisions, rulings and orders of the courts of general jurisdiction. Regional administrative courts are courts of special jurisdiction. They hear complaints in respect of administrative acts and acts of commission or omission by entities of public and internal administration. The Supreme Administrative Court is first and final instance for administrative cases assigned to its jurisdiction by law. It is appeal instance for cases from decisions, rulings and orders of district administrative courts, as well as for cases involving administrative offences from decisions of regional courts.
Court System UK
Judicial institutions in Lithuania and Britain
All democratic states take priority to human rights and their freedom. Following this principle most countries have established judicial institutions to deal with various societies’ matters starting with employment disputes and finishing with criminal cases. English court system reflects limited monarchy. Crown Courts deal with criminal matters, firstly heard in Magistrates Courts. County Courts deal with civil matters. Particular divisions of the High Court hear cases involving large amount of money. All appeals go to the Court of Appeal. Also, there are special tribunals as industrial that deals with disputes over contracts and sexual discrimination in employment matters. In Lithuania there are Courts of general jurisdiction: the Supreme Court that is the only court of cassation instance for reviewing effective judgements, decisions, rulings and orders of the courts of general jurisdiction, the Court of Appeals that is appeal instance, District courts hear criminal, civil cases and cases of administrative offences, Regional courts that is first instance for criminal and civil cases and appeal instance for judgements, decisions, rulings and orders of district courts. Special – administrative courts: the Supreme Administrative Court is first and final instance for administrative cases, appeal instance for cases from decisions, rulings and orders of district administrative courts and Regional administrative courts are courts of special jurisdiction established for hearing complaints (petitions) in respect of administrative acts and acts of commission or omission (failure to perform duties) by entities of public and internal administration. In general, in Lithuanian and English judicial systems are witnesses and suspects have the right to conditional bail. Some courts as Courts of Appeal or County (District) Courts deal same matters. The main differences between Lithuanian and Britain judicial systems are Administrative Courts in Lithuania and jury in Britain.
