- •Authority of the Federal courts
- •Jurisdiction of the Courts
- •Vocabulary
- •Exercises:
- •The Federal Court Jurisdiction
- •Vocabulary
- •Exercises:
- •Юрисдикция федеральных судов
- •Legal System Principles
- •Vocabulary
- •Exercises:
- •Система федеральных судов
- •Organization of the Federal Court System
- •Vocabulary
- •Exercises:
- •Апелляционные суды и федеральные окружные суды
- •The Supreme Court
- •Supreme Court Jurisdiction
- •How Cases Reach the Court
- •Vocabulary
- •Exercises:
- •Steps in Deciding Major Сases
- •Supreme Court Justices
- •Vocabulary
- •Exercises:
- •The Court and Its Traditions
- •Appointing Justices
- •Vocabulary
- •Exercises:
- •Судьи Соединенных Штатов
- •Кодекс поведения судей сша
- •The Work of the State Courts
- •Vocabulary
- •Exercises:
- •The Organization of the State Courts
- •Vocabulary
- •Exercises:
- •Appendix
- •I. Translate in writing form
- •1. Supreme Court Limits Power of Voting Rights Act
- •2. Clarence Thomas Strays From Righty Line
- •3. Ginsburg: I'm Not Going Anywhere
- •4. Supreme Court Hears Case on Role of Money in Justice
- •5. Supreme Court Enters the Age of YouTube
- •6. Supreme Court May Have Too Many Judges
- •7. Supreme Court Needs Term Limits: Legal Eagles
- •II. Read and render the articles:
- •1. Court to Rule In Suit Against Ashcroft, Others
- •2. Legal Experts Propose Limiting Justices' Powers, Terms
- •3. Roberts Sets Off Debate on Judicial Experience
- •4. Ginsburg plans to stay on high court for years, despite cancer
- •5. Clarence Thomas, Supreme Court liberal?
- •6. Судебная система сша "еще почище любой другой" Mайкл Херман
- •7. Судебная система штата Мичиган.
- •III. Current membership
- •IV. Glossary of Terms
The Federal Court Jurisdiction
The federal courts deal with three types of law. These three types include civil law, criminal law, and constitutional law.
Civil Law Most of the cases tried in the federal courts involve civil law. Civil law concerns disputes between two or more individuals or between individuals and the government. The plaintiff is the person who brings charges in a civil suit. The person against whom the suit is brought is the defendant. The plaintiff in a civil suit usually seeks damages—an award of money—from the defendant. If the court decides in favor of the plaintiff, the defendant must pay the damages to the plaintiff. Usually the defendant is also required to pay court costs. If the court decides in favor of the defendant, the plaintiff must pay the court costs.
In another type of civil case, the plaintiff sues to prevent a harmful action from taking place. Such a case is called a case in equity law. Equity law is a system of rules by which disputes are resolved on the grounds of fairness. In an equity case, a plaintiff may ask the court to issue an injunction, a court order that forbids a defendant to take or continue a certain action. For example, suppose a company plans to build a factory next to a residential area. Citizens believe that the factory would pollute the air. They take the factory owner to court and argue that residents would suffer serious health problems if the factory is constructed. If the citizens win this suit in equity, the judge issues an injunction ordering the company not to build its factory.
In another equity case, the plaintiff may ask the court to order a person or persons to do something. A court order requiring a specific action is called a writ of mandamus (man●DAY●muhs). Suppose someone has a new stereo receiver that stops working, but the manufacturer refuses to repair it. Because the stereo is guaranteed, he or she takes the company to court. If the court decides for the plaintiff, it issues a writ of mandamus ordering the company to repair the stereo.
Criminal Law In a federal criminal law case, the United States government charges someone with breaking a federal law. In criminal cases the government is always the prosecution, bringing charges against the defendant. A federal criminal case might involve such crimes as tax fraud, counterfeiting, selling narcotics, mail fraud, kidnapping, and driving a stolen car across state lines. If the court finds a person guilty, the judge may order the defendant to serve a term in prison, to pay a fine, or both.
By far, most crimes committed in the United States break state laws and are tried in state courts. The number of criminal law cases that come before federal judges, however, has been increasing markedly in recent years as the crime rate has risen.
Constitutional Law The third category of cases heard in federal courts involves constitutional law. Constitutional law relates to the meaning and application of the United States Constitution. For the most part, cases involving constitutional law decide the limits of the government's power and the rights of the individual. Cases may deal with either civil or criminal law.
All federal courts try cases involving constitutional law—they decide whether a law or action conflicts with the Constitution. If a lower court decision is appealed, the Supreme Court makes the final ruling.