There are 52 separate court systems in the United States, including the federal court system, the District of Columbia court system, and the 50 state court systems. Although the Supreme Court is the highest court in the United States, and its decisions are binding on all levels and classes of courts, the federal court system is no higher than the state court system, and there is no jurisdiction or subordination between the two. In a sense, the court system in the United States is 'two-track,' with federal and state courts running in parallel, up to the Supreme Court. Federal and state courts have different types of jurisdiction. In the criminal field, federal courts try cases for crimes against federal law; In the civil realm, the federal courts try cases involving the United States as a party, 'questions of a federal character,' and jurisdictional disputes between citizens of different states. State courts have a wide range of jurisdiction. Under the U.S. Constitution, state courts have jurisdiction that is not expressly granted to federal courts by law. In practice, the vast majority of criminal and civil cases are heard in state courts. In big states such as California, state courts can hear millions of cases a year; All federal courts hear less than a quarter of the cases in a year. The federal and most state court systems use the 'three-tier model,' with only a few states, such as Nebraska, using the two-tier model. The so-called 'three-level model' means that the court is established at three levels or levels, including the trial court at the base level, the appellate court at the middle level and the Supreme Court at the top level. Of course, the names used by the courts vary from state to state. In New York State, for example, the primary court is called the Supreme Court; The middle appellate court is called the Appellate Division of the Supreme Court; The actual Supreme Court is called the Court of Appeals. The 'three-level mode' does not mean the 'third-instance final system'. In fact, the federal and most states use the 'second trial final system,' which means that a litigant loses at the first trial and has the right to file only one appeal. Theoretically, a party may have two or even three appeals after the first trial. However, it is the right of the parties to petition the Court of Appeals for retrial. It is not the right of the parties to petition the Supreme Court for retrial. It is the power of the Supreme Court. 'Right' and 'power' are only one word apart, but they mean very different things. In the former case, the court must hear the partys appeal; In the latter case, the court is under no obligation to hear it and only when it deems it necessary. To obtain the latter kind of appeal, a party must obtain a Leavetoappeal or writeof Certiorari from the court. Of course, there are also some state laws that specify 'third instance final adjudications', or provide for 'third instance final adjudications' in certain kinds of cases. In New York State, for example, parties in the vast majority of cases are entitled to two appeals; In California, the law stipulates that the third trial is final in cases where a defendant is sentenced to death. In addition, some litigants who lose in the state court system can get a 'fourth instance' from the Supreme Court. Of course, the law is generally vague about exactly what cases deserve this special attention, and it is up to the nine justices on the Supreme Court to decide. The courts, whether federal or state, ordinary or special, may be divided according to their basic functions into two types: the TrialCourts (TrialCourts) and the AppellateCourts (AppellateCourts). In general, the division of responsibilities between trial and appellate courts in the United States is clear and strict. The trial court is only responsible for the first instance; The court of appeal is only responsible for appellate cases. Exceptions are made by the Supreme Court of the United States and some state supreme courts, which hear both appellate cases and a few first instance cases. The trial court in the United States generally adopts the judge 'alone trial system', that is, only one judge presides over the trial and makes the decision. The appellate court uses the 'collegial system', which means that several judges together hear cases and make decisions. The composition of the collegial panel varies. Generally speaking, the collegial panel of the intermediate appellate court is composed of three judges; The Supreme Court has a collegial panel of five, seven or nine justices. In addition, depending on the type of case and the wishes of the parties, a trial in a trial court may take two forms: a benchcase trial and a JuryTrial. Here is worth on the Supreme Court of the United States (theUnitedStatesSupremeCourt) is the Supreme Court of the United States. It is the only court in the United States created directly by the federal Constitution. The court is in Washington, D.C. Its functions include hearing appeals from federal appellate courts, hearing appeals from state supreme courts (where federal law matters are involved), and hearing cases of first instance that the Constitution allows it to hear directly. The number of first instance cases is very small, less than one tenth of the total number of cases it hears. First-instance cases often involve disputes between two or more states, and most of them are related to land boundaries, such as land ownership disputes caused by river diversion. There are also cases involving the right of two or more states to tax a billionaires property. The Supreme Court hears cases on appeal in two ways: first, the right of appeal; The second is certiorari. The litigants have the right to appeal to the Supreme Court in very few cases. By law, the court has the right to appeal to the Supreme Court only when a district court decision is made by a special panel of three judges. As mentioned earlier, the trial courts generall
剩余内容已隐藏，支付完成后下载完整资料
There are 52 separate court systems in the United States, including the federal court system, the District of Columbia court system, and the 50 state court systems. Although the Supreme Court is the highest court in the United States, and its decisions are binding on all levels and classes of courts, the federal court system is no higher than the state court system, and there is no jurisdiction or subordination between the two. In a sense, the court system in the United States is 'two-track,' with federal and state courts running in parallel, up to the Supreme Court. Federal and state courts have different types of jurisdiction. In the criminal field, federal courts try cases for crimes against federal law; In the civil realm, the federal courts try cases involving the United States as a party, 'questions of a federal character,' and jurisdictional disputes between citizens of different states. State courts have a wide range of jurisdiction. Under the U.S. Constitution, state courts have jurisdiction that is not expressly granted to federal courts by law. In practice, the vast majority of criminal and civil cases are heard in state courts. In big states such as California, state courts can hear millions of cases a year; All federal courts hear less than a quarter of the cases in a year. The federal and most state court systems use the 'three-tier model,' with only a few states, such as Nebraska, using the two-tier model. The so-called 'three-level model' means that the court is established at three levels or levels, including the trial court at the base level, the appellate court at the middle level and the Supreme Court at the top level. Of course, the names used by the courts vary from state to state. In New York State, for example, the primary court is called the Supreme Court; The middle appellate court is called the Appellate Division of the Supreme Court; The actual Supreme Court is called the Court of Appeals. The 'three-level mode' does not mean the 'third-instance final system'. In fact, the federal and most states use the 'second trial final system,' which means that a litigant loses at the first trial and has the right to file only one appeal. Theoretically, a party may have two or even three appeals after the first trial. However, it is the right of the parties to petition the Court of Appeals for retrial. It is not the right of the parties to petition the Supreme Court for retrial. It is the power of the Supreme Court. 'Right' and 'power' are only one word apart, but they mean very different things. In the former case, the court must hear the partys appeal; In the latter case, the court is under no obligation to hear it and only when it deems it necessary. To obtain the latter kind of appeal, a party must obtain a Leavetoappeal or writeof Certiorari from the court. Of course, there are also some state laws that specify 'third instance final adjudications', or provide for 'third instance final adjudications' in certain kinds of cases. In New York State, for example, parties in the vast majority of cases are entitled to two appeals; In California, the law stipulates that the third trial is final in cases where a defendant is sentenced to death. In addition, some litigants who lose in the state court system can get a 'fourth instance' from the Supreme Court. Of course, the law is generally vague about exactly what cases deserve this special attention, and it is up to the nine justices on the Supreme Court to decide. The courts, whether federal or state, ordinary or special, may be divided according to their basic functions into two types: the TrialCourts (TrialCourts) and the AppellateCourts (AppellateCourts). In general, the division of responsibilities between trial and appellate courts in the United States is clear and strict. The trial court is only responsible for the first instance; The court of appeal is only responsible for appellate cases. Exceptions are made by the Supreme Court of the United States and some state supreme courts, which hear both appellate cases and a few first instance cases. The trial court in the United States generally adopts the judge 'alone trial system', that is, only one judge presides over the trial and makes the decision. The appellate court uses the 'collegial system', which means that several judges together hear cases and make decisions. The composition of the collegial panel varies. Generally speaking, the collegial panel of the intermediate appellate court is composed of three judges; The Supreme Court has a collegial panel of five, seven or nine justices. In addition, depending on the type of case and the wishes of the parties, a trial in a trial court may take two forms: a benchcase trial and a JuryTrial. Here is worth on the Supreme Court of the United States (theUnitedStatesSupremeCourt) is the Supreme Court of the United States. It is the only court in the United States created directly by the federal Constitution. The court is in Washington, D.C. Its functions include hearing appeals from federal appellate courts, hearing appeals from state supreme courts (where federal law matters are involved), and hearing cases of first instance that the Constitution allows it to hear directly. The number of first instance cases is very small, less than one tenth of the total number of cases it hears. First-instance cases often involve disputes between two or more states, and most of them are related to land boundaries, such as land ownership disputes caused by river diversion. There are also cases involving the right of two or more states to tax a billionaires property. The Supreme Court hears cases on appeal in two ways: first, the right of appeal; The second is certiorari. The litigants have the right to appeal to the Supreme Court in very few cases. By law, the court has the right to appeal to the Supreme Court only when a district court decision is made by a special panel of three judges. As mentioned earlier, the trial courts generall
剩余内容已隐藏，支付完成后下载完整资料
资料编号：[266640]，资料为PDF文档或Word文档，PDF文档可免费转换为Word
课题毕业论文、文献综述、任务书、外文翻译、程序设计、图纸设计等资料可联系客服协助查找。
