Judiciary

Text 9 C

Notes

Read the text and answer the following questions.

Text 9 B

1. How is the federal court different from a state court?

2. What cases are the state courts not allowed to hear?

There are two kinds of courts in the USA - federal courts and state courts.

Federal courts are established under the U.S. Constitution by Congress to decide disputes involving the Constitution and laws passed by Congress. State and local courts are established by a state (within states there are also local courts that are established by cities, counties, and other municipalities, which we are including in the general discussion of state courts).

The differences between federal courts and state courts are further defined by jurisdiction. Jurisdiction refers to the kinds of cases a court is authorized to hear.

Federal court jurisdiction is limited to the types of cases listed in the Constitution and specifically provided for by Congress. For the most part, federal courts only hear

- cases in which the United States is the party;

- cases involving violations of the U.S. Constitution or federal laws;

-cases between citizens of different states if the amount in controversy exceeds $75,000;

- bankruptcy, copyright, patent, and maritime law cases.

State courts, in contrast, have broad jurisdiction. They handle the cases individual citizens are most likely to be involved in-such as robberies, traffic violations, broken contracts, and family disputes-are usually tried in state courts. The only cases state courts are not allowed to hear are lawsuits against the United States and those involving certain specific federal laws: criminal, antitrust, bankruptcy, patent, copyright, and some maritime law cases. In many cases, both federal and state courts have jurisdiction. This allows parties to choose whether to go to state court or to federal court.

Criminal cases involving federal laws can be tried only in federal court, but most criminal cases involve violations of state law and are tried in state court.

1. county – округ (в США)

2. federal question – вопрос, относящийся к федеральной компетенции

3. controversy – 1) правовой спор; 2) предмет спора

4. to exceed – превышать

5. lawsuit – судебное дело, судебный процесс

6. antitrust case – антимонопольное дело

Translate the following text in a written form. Use a dictionary if necessary.

The federal court system derives its powers from Article III of the Constitution. The system includes the Supreme Court, established by the Constitution; and 12 courts of appeal (sometimes called circuit courts), 91 district courts, and special courts such as the Tax Court, the Claims Court, and the Court of Veterans Appeals, all established by Congress.

The federal courts perform two constitutional functions. First, they interpret the meaning of laws and administrative regulations; this is known as statutory construction. Second, the courts determine whether any law passed by Congress or state legislatures, or any administrative action taken by the national or state executive branches, violates the U.S. Constitution; this is known as judicial review. Federal courts can declare null and void laws or actions, at the national and state levels, that violate the Constitution. This power of judicial review exists in a few other nations, but in none is it so significant in resolving important issues or in checking and balancing branches of government.

The nine justices of the Supreme Court and the other federal judges are nominated by the president with the advice and consent of the Senate. The president, in making district court nominations, usually follows the recommendations of senators from the president's party. All federal judges and justices of the Supreme Court serve on good behavior for life. They may be removed from office only through the process of impeachment, which has been used fewer than 20 times, and never successfully against a Supreme Court justice.

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