Text B. Trial courts

Text A. DUAL COURT SYSTEM

1. America has a dual court system: two independent but interrelated judicial schemes, one at the national level and the other at the state. The end result is fifty-one separate court systems – one for the national government and fifty different ones in the states. The dual court system mirrors the federal system of government in the United States, which divides powers between the national government and the state governments, with each legally supreme in its own sphere. The two levels of government share other powers, such as taxation and penalizing violators of their respective laws. Applying the federal principle to the courts, federal courts have exclusive power over violations of federal criminal law, and state courts have the exclusive right to try those accused of breaking state laws.

2. The division of responsibilities is not as clear-cut as it looks, however, because some judicial powers are shared by both state and federal courts. Civil suits between citizens of different states may be heard by either a state or a federal court. The possession of narcotics or the interstate transportation of a kidnap victim violates both state and federal laws, which means that the accused may be tried twice – notwithstanding the prohibition on double jeopardy. In addition, de­fendants convicted in state courts may appeal to the U.S. Supreme Court, a federal court. Defendants convicted in state courts may also seek further review of their cases in federal courts by filing a writ ofhabeas corpus (a claim that the person is being held illegally).

Virtually all cases, whether civil or criminal, begin in a trial court. If the case is a criminal one, the trial court arraigns the defendant, sets bail, conducts a trial (or takes a guilty plea), and imposes sentence if the defendant is found guilty. If the case is a civil one, the trial court operates in much the same fashion, ensuring that each party is properly informed of the complaint, conducting a trial or accepting an out-of-court settlement, and awarding damages. Because only trial courts hear disputes over facts, it is only in trial courts that witnesses appear. Trial courts are considered finders of fact, and the decision of a judge (or jury) about a factual dispute normally cannot be appealed. (In Louisiana and Wisconsin, howev­er, trial court findings of fact in civil cases are appealable.) In theory, every trial court decision may be appealed, but most cases are settled without a trial, so appeals are rarely filed.

Дата добавления: 2015-05-26