Block 3. Judicial system.

1. Judicial system in Great Britain

The Court System of the UK + photo

The United Kingdom has no Ministry of Justice. The courts and lawyers have a strong tradition of independence from the government. Responsibility for the administration of the judicial system in England and Wales is divided between the courts themselves, the Lord Chancellor, and the Home Secretary. The Lord Chancellor, who is the head of the legal profession and is always a member of the Cabinet, is concerned with the composition of the courts, with civil law, parts of criminal procedure and law reform in general; the Home Secretary is concerned with the prevention of criminal offenses, the apprehension, trial and treatment of offenders, and with the prison service. England and Wales have a single system of law and courts, and Scotland has a system of its own.

The most common type of law court in England and Wales is the magistrates’ court, which is presided over by the magistrates, who are normally Justices of the Peace (JPs). More serious cases then go to the Crown Court presided over by judges or senior barristers specially appointed to perform judicial functions for part of their time. Civil cases (for example, divorce or bankruptcy cases) are dealt with in County Courts. Appeals are heard by higher courts. For example appeals from magistrates’ courts are heard in the Crown Court. Certain cases are referred to the European Court of Justice in Luxembourg [´lΛks(ə)mbə:g] or the European Court of Human Rights in Strasbourg [´stræzbə:g]. The legal system also includes juvenile courts (which deal with offenders under seventeen) and coroners’ courts (which investigate violent, sudden or unnatural death). There are administrative tribunals [trai´bju:nl], which deal with professional standard, disputes between individuals, and disputes between individuals and government departments (for example, over taxation).

The first thing to notice is that there is no civil code and no criminal code. The law consists partly of statutes, or Acts of Parliament, and partly of common law made up of the decisions of judges, with regard to matters not regulated by statutes, in accordance with custom and reason. A large part of the civil law is not contained in statutes at all but made up of a mass of precedents, privious court decisions. By now, however, almost all actions for which a person may be punished are actions which are specifically forbidden by some statute.

2. Judicial system in the usa

The American Court System. By definition, the ‘federal’ system of government entails two levels of authority to make and administer law. In the United States, the competence to regulate most aspects of the day-to-day life of citizens and the basic institutions of daily life remains with state governments, and most civil and criminal cases are accordingly heard in state courts and decided by rules of law created according to state constitutional processes.

Federal law is the supreme law of the land, and state court cases constantly raise issues of federal law. Indeed, some federal laws create rights and duties which are expressly left for their enforcement to cases that plaintiffs may choose to bring either in federal or state courts, and state courts have no privilege under the Constitution to refuse to entertain such suits on federal rights.

Each of the fifty states and several territories has its own system so the chart above and the explanations below are very generalized overviews.

Level 1: Trial Court

• Also referred to as the court of general jurisdiction, the court of record, or the court of original jurisdiction;

• Plaintiff versus defendant: e.g. Johnson v. Pletnikoff;

• Issues of fact: what happened? Jury is presented with evidence and renders verdict.

• Issues of law: was the defendant’s action legal or illegal? The judge presides over the case, instructs the jury on law, and enters the judgment.

• The losing party has the right to appeal to the next level.

Level 2: Appellate Court

• Intermediate appellate jurisdiction;

• Appellant versus appellee or petitioner versus respondent: losing party versus winning party in the previous trial or sometimes appellee versus appellant depending on the trial court designation.

• Only issues of law may be considered by the appellate court.

• An appeal from this level is normally at the discretion of the next higher court.

Level 3: State Supreme Court

• Appellate Jurisdiction or the court of last resort;

• Appellant and appellee / petitioner and respondent;

• Unless there is a conflict with the U.S. Constitution or federal law, no appeal is possible;

• The state supreme courts are the final arbiters of state law.

gives an overview of the structure of the federal courts.

Level 1: District Court

1. Made up of trial court of original jurisdiction: ninety-four districts (including the District of Columbia and the territories)

2. One judge and, if desired, a jury

3. Appeal as a matter of right

Level 2: U.S. Courts of Appeal

1. Thirteen courts of appellate jurisdiction in the various circuits

2. Bank (also referred to as a panel) of three judges

3. Appeal to U.S. Supreme Court only via petition for writ of certiorari (request to the U.S. Supreme Court for review)

Level 3: U.S. Supreme Court

1. Nine judges: nominated by the president and confirmed by the Senate; may serve for life.

2. Appellants must petition for writ of certiorari – ask the Court to hear the appeal.

3. Opinions.

4. No appeal is possible. Supreme Court decisions are binding in all jurisdictions in the United States. However, the Supreme Court may overrule its own earlier decisions.